AGHIC.  D€fT. 


Main  Lib. 
Oept. 


453 


U.  S.  DEPARTMENT    OF   AGRICULTURE, 
"OFFICE  OF  EXPERIMENT  STATIONS, 

A.  C.  TRUE,   Director. 
Irrigation  lnventlgatloiis,  KUvood  Moa«t,  lixprrt  in  <'liariir. 


IRRIGATION  FROM  THE  SAN  JOAQITN  RIVER. 


FRANK    SOT.TLK, 

nf  '  ''(•//  l'':iii/iin-i'i'ini/  in  /lie  1  'iiirrrxitii  nf  I  'iilijuriiiii. 


[Reprinted  from  1".  S.  Department  of  Ajrricultnre,  Office  of  Experiment  Stations  Bulletin  100, 
Report  of  Irrigation  ]nve.<tii.'ati<jns  in  California.] 


U.  S.   DEPARTMENT    OE   AGRICULTURE, 

OFFICE    OF    EXPERIMENT    STATIONS, 

A.  C.  TRUE,  Director. 
Irrigation  In\  •••.limiiioii*-,  i:in....<l    T|I-»<I.  Kxpert  111  Charge. 


IRRIGATION  FROM  THE  SAN  JOAQULN  RIVER. 


FRANK     SOTTI.jK, 
\i 

ProfeatOT  <>f  <  '//•//  ttiiyimrriiii/  iii  I/if  t'liiivrxilii  <>f  <  'n/il'i 


[Reprinted  I'mm  I",  s.  |)c|iariniciii  di  Ajiriciihiirc,  ( iilicr  ni  Experiment  Stations  Bulletin  lui', 
I!i'I«irl  <if  Irriiratiini  Investigations  in  (-'alifornia.] 


Man  Lib. 

Affrir 


CO  NTH  NTS. 


Page. 

Introduction 215 

A  brief  history  of  the  development  of  irrigation  in  California  and  in  the  San  Joaqnin  Valley 216 

Physical  features  of  the  San  ,loa<|iiin  Valley 218 

The  San  Jonquin  River , 218 

The  soils  in  the  drainage  area  of  San  Joaquin  River 220 

Rainfall 222 

Flow  of  the  river 222 

Climate 222 

Products 223 

I  rrigated  tracts  in  the  valley  and  possible  extensions 223 

Fresno  River 225 

Chowchilla  Creek ' 226 

Estimate  of  total  area  of  land  which  might  l>e  irrigated  from  San  Joaqnin  and  Fresno  rivers  and 

Chowchilla  Creek 226 

Appropriation  and  distribution  of  water 228 

Summary  232 

Involution  of  water  laws  in  California 234 

Statutory  laws  relating  to  water  rights 235 

Rights  of  riparian  proprietors 235 

The  Wright  district  law 236 

Litigation  over  water  rights  on  San  Joaqnin  and  Fresno  rivers  and  Chowchilla  Creek 237 

In  the  superior  court  of  Fresno  County 237 

In  the  superior  court  of  Madera  County 242 

In  the  superior  court  of  Merced  County 245 

In  the  superior  court  of  Mariposa  County w 245 

Investigations,  in  the  field .'..- 246 

Canals  on  San  Joaquin  River 246 

I ' ppcr  San  Joaquin  River  Canal  Company 246 

The  A liso  C 'anal 247 

The  Chowehillu  Canal 247 

The  I'-lyth  Canal 247 

The  East  Side  Canal   247 

The  James  ( 'anal 248 

The  irrigation  system  of  the  San  .loaquinand  Kings  River  Canal  and  Irrigation  Company.  248 

Canals  on  Fresno  River 249 

Canals  on  Chowchilla  Creek 250 

Sierra  Vista  Vineyard  Company 250 

Bliss  Canal 250 

Distribution  of  water  among  canals 250 

I>istribnti<in  of  water  among  irrigators 252 

Methods  of  irrigating 253 

Duty  of  water 254 

Answers  to  a  circular  letter  of  inquiry  concerning  irrigation  matters 254 

Conclusions 255 

Methods  of  filing  and  recording  claims  to  water .' 255 

Adjudication  of  water  rights 256 

Influence  of  the  doctrine  of  riparian  rights  on  the  success  of  irrigation 256 

Stream  control 257 

State  engineer 257 

Where  claims  should  lie  recorded 257 

Conservation  and  use  of  flood  waters,  and  legislation  thereon 257 

in 


ILLUSTRATIONS. 


PI.ATK  XXI.  IrripUi.'ii  ..-.•n. •<  al.mjr  the  San  Joaquin  Kiv.T 

XXII.  S:m  .l,,;i.|uin  an. I  Kin-~  Kiv.T  Canal 

XXIII. 


IRRIGATION  FROM  THK  SAN  JOAQUIN  RIVER. 

By  FRANK  SOUI.E, 
Professor  of  Civil  Eng'mri'rimj  in  tin-  I'nir, •I'xiii/  ,,f  ( 'nlifuniia. 

INTRODUCTION. 

It  is  now  admitted  by  practically  all  intelligent  citizen*  of  California  who  have 
considered  the  matter  that  the  subject  of  irrigation  is  the  most  important  one  ever 
brought  forward  for  the  consideration  of  all  our  people.  They  acknowledge,  as  a 
vital  fact,  that  upon  the  complete  development  of  her  agricultural  and  horticultural 
capabilities  must  be  founded  her  greatest  and  most  enduring  prosperity.  The 
discovery  of  gold  or  petroleum  may  give  to  a  State' a  feverish  or  titful  impetus;  but 
her  permanent  position  must  ever  be  dependent  upon  the  character  and  quantity  of 
the  products  of  her  soil  and  her  facilities  for  obtaining  for  them  a  good  market. 
And  when,  as  in  every  arid  or  semiarid  region,  the  character  and  quantity  of  the  soil 
products  are  directly  dependent  upon  the  application  of  water  by  irrigation,  the 
development  and  conservation  of  the  supply  of  this  water  is  a  vital  consideration. 
As  the  water  supply  is  found  in  the  streams,  they  must  be  skillfully  husbanded,  and 
the  forests,  their  birthplace,  carefully  preserved,  if  the  lands  cultivated  are  to  attain 
their  possible  fertility  and  productiveness. 

The  forests  and  waters  once  conserved,  both  should  be  administered  in  the 
manner  contributing  in  the  greatest  degree  to  the  benefit  of  all;  which  is  simply 
saying  in  the  wisest  and  most  economical  manner.  In  California,  as  elsewhere,  the 
projector  of  an  irrigation  enterprise  should  be  made  to  feel  secure  in  the  possession 
of  his  water  rights  previous  to  expending  his  energies  and  fortune  in  such  system. 
He  should  be  able  to  hold  as  certain  title  to  the  use  of  the  water  for  a  beneficial 
purpose  as  is  held  to  the  land  or  property  on  which  the  water  is  used.  Any  doubt 
or  uncertainty  on  this  point  affecting  either  jeopardizes  both,  for  in  many  cases 
without  water  the  land  is  worthless.  If  a  capitalist  believes  that  in  embarking  upon 
an  irrigation  venture  he  is  buying  a  tedious  and  expensive  lawsuit  he  is  likely  to  seek 
other  investment  for  his  capital;  and  if  a  farmer  be  sure  that  every  attempt  to  bring 
water  upon  his  land  will  be  met  by  some  obscure  claim  of  previous  appropriation  or 
ownership  he  will  probably  purchase  a  farm  in  some  other  locality. 

In  California,  unfortunately,  by  a  legal  "tide-rip"  between  the  riparian 
principle,  brought  over  with  the  common  law  of  England,  and  the  right  of 
appropriation  of  water  established  by  our  gold  seekers  and  afterwards  embodied  in 
the  civil  code  of  our  State,  a  stream  of  litigation,  tempestuous  and  baffling  to 
enterprise,  was  injected  into  our  irrigation  sea,  bringing  to  the  surface  a  great 

mass  of  very  unpleasant  matter. 

215 


•_'!»'>  IKI;II.  A  i  H>N    IN\  K-rn;  \  HUN-    IN    I\I.H"I;NIA. 


That  thi-  condition  of  irrij,iitioii  affair*  -hould  Ix-  reformed  i--  the  -incciv  wish 
of  every  thinking  riti/cii  of  our  Sfcltr.  \Vitll  :i  eode  of  water  law.-  based  upon 

fiiirne—  ami  ju-tice  to  all.  and  an  administration  of  them  seeking  the  grcatc-t  good 
to  the  greatest  numlM-r.  not  only  would  the  irrigated  di-trict-  but  the  whole  Stale 
bound  forward  in  a  career  of  prosjierity. 

A  BRIEF    HISTORY  OF    THE    DEVELOPMENT  OF    IRRIGATION  IN  CALIFORNIA 
AND  IN  THE  SAN  JOAQUIN  VALLEY. 

The  problem.-  to  he  discu-setl  in  this  paper  are  t  ho-e  relating  to  irrigation  frmn 
San  Jouquiii  Kiver  and  its  trihntarie>.  It  seems  hest.  before  turning  directly  to 
them,  to  {.five  a  hrief  liistorv  of  the  development  of  irrigation  in  California  and 
more  particularly,  in  the  San  .loaquin  Valley. 

California,  at  lir>t  |H>--C—  ed  \>\  Spain  and  afterward-  by  Mexico.  derived  its 
earlies)  idea-  and  methods  of  irrigation  from  those  count  rie-.  The  lir-l  irrigation  in 
the  State  wa-  practiced  by  the  Spani-h  mis-ion  father-,  \\lio.  while  con\  crt  ing  to 
Christianity  and  civilizing  the  Indians,  planted  and  cultivated  vim-yard.-,  orchard-. 
and  farm-  surrounding  the  mi—  ion-.  The  method-  of  irrigation  in  Spain  were 
|M-culiarly  applicable  to  the  coast  region  and  interior  \alle\-  of  California  because  of 
tin-  -imilarity  of  natural  conditions  in  the  two  countries. 

Until  the  coming  of  the  American-  the  water  laws  of  California  were  tho-e  of 
Mexico  ami  Spain.  I'nder  them  the  water-  of  the  stream  wen-  he-Id  to  In-  a  public 
trust,  title  to  which  could  not  lie  granted  to  any  private  person  or  corporation. 
Permission  for  use  only  could  lie  given.  and  thon  to  the  actual  user  and  to  the  amount 
u-ed.  I'pon  the  discovery  of  jrold  in  California  in  1S4*  the  miners  took  water  from 
the  streams  to  wash  the  u-olden  sand-,  and  estalili-hed  local  laws  dictated  by  common 
-eii-e  and  the  intere-t-  of  their  industry.  A-  indicating  their  rifLrhteou-m--s.  it  may 
he  said  tliat  they  were  practically  the  -aim-  in  all  mininir  districts,  howi-ver  widely 
-i-pa  rated. 

A~  time  went  on  California,  which  had  been  at  tir-t  almo-t  exclu-ively  a  miiiinjr 
State,  became  a  jjrn-at  agricultural  one.  Its  \alle\-  and  hill  slopes  produced  immen-e 
i|iiautities  of  wheat  and  other  cereals,  and  spot-  favored  by  nature  were  converted 
into  wonderfully  productive  orchards  and  vineyards.  Wherever  within  her  bound- 
aries the  rainfall  wa-  ample  and  reliable  crop-  were  good,  lioth  in  quality  and 
quantity:  but  in  many  localities  where  the  soil  and  sun  wen-  friendly  the  rainfall 
was  uncertain  and  often  deficient.  Settlers  in  many  case-  realized  the  importance, 
and  often  the  ab-olute  necessity,  of  the  artificial  u-e  of  water  upon  their  farm-  in 
order  to  .-ecu  re  crop-  and  a  livelihood. 

The  tir.-t  attempt-  <>f  the  American  farmer  at  irrigation  resulted  in  works  of  the 
ino-t  primitive  character.  Often  individual  effort  led  to  the  introduction  upon  (In- 
land. through  a  plow  furrow,  of  a  small  quantity  of  water  from  a  neighboring 
-tream.  Later,  communities  of  farmer-  cooperated  and  con-tructed  irrigation  canal-. 
to  lx>  utilized  in  common.  At  first,  of  coiir-e.  the  water  most  readily  obtained 
was  made  use  of.  and  for  a  time  only  -mall,  cheap  systems  were  con-tructed.  and 
elementary  irrigation  practiced. 

A-  district-  became  more  populous  !md  the  necessity  for  water  greater,  individ- 
ual effort,  and  even  local  cooperation,  becalm-  in.-ullicient.  both  a-  to  methods  and 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  217 

capital,  to  supply  the  demand  for  water,  and  more  costly  and  complicated  irrigation 
systems  were  found  to  be  necessary.  Consequently  stock  companies  were  formed, 
and  large  amounts  of  capital  enlisted  in  irrigation  enterprises.  In  this  way  most  of 
the  waters  flowing  in  the  streams  were  "taken  up "  or  " appropriated,"  and  the 
importance  of  storage  of  the  flood  waters  to  meet  the  growing  need  became  evident. 

The  development  of  stock  companies  and  corporations  soon  grew  to  such  propor- 
tions that  a  new  danger  became  apparent.  A  monopoly  of  the  waters  available  for 
irrigation  was  threatened.  Groat  systems,  involving  the  expenditure  of  hundreds  of 
thousands  of  dollars  or  even  millions,  were  practically  absorbing  all  sources  of 
water  for  irrigation.  The  farmers  found  themselves  at  the  mercy  of  water  com- 
panies, both  as  to  rates  charged  and  quantities  of  water  applied;  and  the  life  and 
growth  of  agricultural  communities  were  considered  in  jeopardy.  This  condition  of 
affairs  resulted  in  the  evolution  of  the  Wright  irrigation  law. 

This  law  seeks  to  establish  a  system  by  which  the  people  of  any  locality,  the 
lands  of  which  are  capable  of  irrigation  from  a  common  source,  may  form  an  irriga- 
tion district  on  a  basis  somewhat  similar  to  that  of  a  municipal  corporation.  The 
effects  of  this  law  on  irrigation  in  California  and  the  litigation  arising  under  it  will 
lie  discussed  later  on. 

During  all  this  time  the  advantage  of  irrigation  was  becoming  more  firmly 
impressed  upon  California  farmers  and  orchardists.  With  numerous  excellent 
object  lessons  before  them,  they  abandoned  the  prejudices  formerly  held  against 
it  and  the  expense  and  labor  it  involves,  and  have  come  to  recognize  in  it  an  insur- 
ance not  only  of  a  crop  but  of  vastly  increased  production  from  the  same  h'elds 
and,  perhaps,  of  several  harvests  in  a  single  year.  As  a  result,  from  the  more  arid 
districts  of  southern  California,  where  it  naturally  began,  irrigation  has  spread 
rapidly  over  the  State  to  its  northern  boundaries,  and  even  over  localities  which  are 
credited  with  reasonable  rainfall. 

Following  closely  in  the  path  of  such  enterprise  has  come  a  wonderful  increase 
in  the  variety  and  yields  of  crops,  in  population  and  in  wealth.  Raisins,  wines,  citrus, 
and  other  fruits  have  supplanted  pastures,  wheat,  and  barley;  cities  and  towns  stand 
on  the  ground  of  the  old  lonely  farmhouse;  and  millions  in  bank  are  substituted  for 
the  "promise  to  pay"  of  unfortunate  farmers.  As  an  example  of  this  wonderful 
increase  in  population,  I  will  mention  only  seven  of  the  many  counties  practicing  irri- 
gation, viz:  Los  Angeles,  San  Diego,  San  Bernardino,  Kern,  Tulare,  Fresno,  and 
Merced.  In  1870  their  total  population  was  40,849,  and  their  combined  wealth 
$22,513,820.  In  1890  their  population  had  increased  to  296,719,  and  their  wealth  to 
*l!is,356,127;  or  the  population  had  multiplied  more  than  sevenfold  and  the  wealth 
ninefold. 

In  contrast  to  these  improved  districts  are  those  which  have  persistently  resisted 
irrigation.  They  have  not  advanced.  Often  they  have  gone  backward;  and  have 
retrograded  in  population  and  in  wealth. 

The  writer  believes  that  the  prominence  which  California  enjoys  is  largely  due 
to  irrigation;  and  that  since  the  subsidence  of  the  gold  fever  her  progress  and  pros- 
perity have  been  coincident  with  the  production  of  the  great  variety  and  quantity 
of  her  crops  resulting  from  the  wise  and  skillful  irrigation  of  her  soil. 

Turning  now  to  the  San  Joaquin  Valley,  we  find  that  Fresno  County,  in  the  center 


IRRIGATION     INN  I  -I  h.  \  rti'Ns     IN     CA  I.I  KI  >U  M  \  . 

of  the  San  Joaquin  Valley,  i-.  |x-rhap.-.  one  of  the  best  illu-tration-  in  California  ,,\' 
the  Itenetits  of  irrigation  and  of  the  transformation  which  mav  In-  wrought  bv  tin- 
wi-e  and  liberal  use  of  water  in  Irrigation.  In  1>T1  :i  eolony  \va-  established  in  that 
county  which  cultivated  and  irrigated  vineyard-,  producing  raisin  grape-  Since 
that  time  tin-  jHipulation  lias  increased  from  a  few  hundred-  to  over  loo.ooo  people, 
and  now  some  of  the  most  beautiful  and  productive  orchards  and  vineyards  in  the 

whole  State  are  to  IK' found  in  that  po-'ti tf  the  valley.     More  than  twenty  colonie- 

have  IKM-II  established  in  the  .-anie  locality,  and  nearly  twenty  main  irrigation  canals, 
having  a  length  of  about  S<(0  miles  lia\-e  Keen  constructed.  Their  (tranches  have  an 
aggregate  length  of  aboal  I'.IHMI  mile.-.  In  this  county  alone  nearly  half  a  million 
acre-  are  under  cultivation:  and  this  great  area,  which  formerly  wa-  capaltle  of  pro 
ducing  only  sparse  crops  of  wheat,  or  pasturage  for  cattle,  now  market-  immense 
crops  of  raisin-,  cereals,  and  alfalfa.  The  lands  which  formerly  were  of  little  value, 
an-  now,  when  irrigated,  worth  from  $3<H>  to  $l.uoo  per  acre.  And  like  rc.-ults  in  a 
iiiea-ure  have  IM-CII  obtained  in  every  district  in  the  San  Joaqiiin  Valley  where  ample 
and  intelligent  irrigation  has  been  practiced. 

From  this  small  Iwginning  has  grown  up  a  great  system  of  canals  in  the  San 
Joaquin  Valley.  Those  drawing  their  waters  from  the  San  .loaquin  River  are  the 
Aliso,  Chowchilla.  Blyth,  and  Kast  Side  canals,  on  the  right,  or  ea-terly  bank;  and 
the  .lames,  tho  Sun  Joaquin  and  Kings  River  Canal  and  Irrigation  Company's  canals. 
and  the  system  belonging  to  .Miller  i\l  Lux.  on  the  left,  or  westerly  bank. 

Taking  water  from  the  Fresno  River,  one  of  the  most  important  brandies  of  the 
San  Joaquin  in  the  contiguous  district,  are  the  canals  of  the  Madera  Canal  and   In  i 
gation  Company;  and  in  the  same  section  of  the  valley,  the  Sierra  Vista  Vineyard 
Company  and  the  HH--  Canal  draw  -their  supplies   from  Chowchilla  Creek,  another 
tributary  of  tin1  main  river. 

PHYSICAL  FEATURES  OF  THE  SAN  JOAQUIN  VALLEY. 
THE  SAN  JOAQTTTN  RIVER. 

The  waters  of  San  Joaquin  River  are  the  union  of  the  streams  from  many  creeks 
and  branches  in  the  high  Sierras,  fed  by  the  rain  and  melting  snow  that  fall  upon  a 
mountainous  drainage  area  of  l.r>:;7  square  mile.-.  The  summit  range  of  the  Sierra 
Nevada  is  the  eastern  boundary  of  this  area,  which  extend-  northerly  and  southerly 
for  more  than  7<»  miles.  The  river  Hows  down  through  a  steep,  rugged  canyon,  in  a 
we.-terly  direction,  to  its  point  of  debouchment  upon  the  open  country  at  l'olla-k\ 
(formerly  Hamptonville).  '21  mile-  northeast  from  Frc-no.  From  this  point  it  COM 
tinues  in  a  southwesterly  direction  for  .V>  miles  to  the  trough  of  the  San  Joaquin 
Valley.  Here  it  unites  with  the  water-  of  Fresno  Slough  in  a  swampy  region  subject 
to  overflow  and  turns  sharply  to  the  northwe-t.  From  this  junction  on  to  it-  mouth. 
near  Antioch,  a  di-tance  oi'  1-jn  mile-,  it  is  the  main  river  of  the  great  valley,  and 
receives  the  drainage  of  the  latter  from  all  the  streams  on  either  side.  These  are 
numerous,  and  some  of  them  on  the  eastern  flank  of  the  valley,  deriving  their  watcr- 
principally  from  the  Sierra  Nevada'-  rain-  and  snows,  are  considerable  in  volume. 

As  a  rule,  these  tributary  -t  reams  from  the  Sierra-  lying  north  of  the  I'ppei 
San  Joaquin  run  in  deep  bed.-  for  many  miles  below  their  exit  from  the  mountains. 


IRRIGATION    FROM    SAN    JOAQUIN    RIVKK. 

and  come  to  the  level  of  the  great  plain  only  when  nearing  the  trough  of  the  valley. 
At  this  point  in  their  course  they  turn  northward  and  unite  with  the  main  stream- 
some  as  distinct  branches;  others,  as  in  the  case  of  the  smaller  ones,  through  swamps, 
sand-flat  deltas,  or  overflowed  tracts. 

Those  named  below  are  the  principal  streams  flowing  down  the  east  side  of  the 
vallev.  as  enumerated  from  the  northerly  end,  with  the  drainage  area  of  each  given. 
The  streams  marked  with  an  asterisk  derive  their  waters  largely  from  the  melting 
snows  of  the  high  Sierras.  These  snows  are  substitutes  for  extensive  storage  reser- 
voirs, and  slowly  vield  their  waters  throughout  our  early  springs  and  summers — the 
irrigation  season — in  an  unfailing  supply  of  irrigation  water.  The  remaining  streams 
of  the  list  have  their  sources  in  the  nearer  mountains  and  foothills,  and  are  replen- 
ished bv  rains  rather  than  bv  melting  snows,  and  in  consequence  are  torrential  in 
diameter,  intermittent  in  flow,  and  less  reliable  for  purposes  of  irrigation. 

Tributaries  of  the  fian  Joaquin  River,  with  their  drainage  area*. 

Square  miles. 

Consuinne  River  * 589 

Dry  Creek 208 

Mokelunine  River  * 573 

Calaveras  River  * .   390 

Stanislaus  River  * 971 

Tuolumne  River* 1, 514 

.Merred  River  * 1,  072 

Bear  Creek 153 

Maripc >sa  ( 'reck 

Chowrhilla  Creek  (orriver) 272 

Fresno  Creek  (or  river) 258 

San  Joaquin  River* 1,637 

Kind's  River  * 1,  853 

Keweuh   River 608 

Tulc  River 446 

Deer  Creek 130 

White  River 96 

Posa  ( 'reek 278 

Kern  River* •. 2,382 

Caliente  Creek 461 

Numerous  small  streams : 2, 138 

Total  area  of  mountain  and  hill  drainage 16, 135 

On  the  western  slope  of  the  San  Joaquin  Valley  the  streams  originate  in  the  Coast 
Kano-e  of  mountains.  They  are  torrential  and  intermittent  in  character.  The  stream 
beds  carry  water  but  a  few  hours  or  days  after  rainfall,  and  this  water  spreads  over 
the  upper  plain,  seldom  reaching  the  San  .loaquin.  The  streams  are  limited  in  sup- 
ply and  unreliable  for  irrigation.1 

From  Pollasky  for  a  distance  of  40  miles  downstream  the  river  winds  along 
through  low.  fertile,  and  productive  bottoms,  shut  in  by  bluffs,  with  hills  behind 
them.  The  river  gorge  in  this  length  varies  from  a  mile  to  a  half  mile  in  width. 
Behind  the  bluffs  and  hills  are  elevated  plains.  These  bluffs  diminish  in  height  above 
the  river  from  75  feet  near  Pollasky  to  40  feet  at  Herndon,  and  finally  disappear  at 


'William  Hammond  Hall. 


•Jl'U  IRRIGATION     1NYK-I  H.  \TIONS    IN     C  AU  KOKNIA. 

a  distance  of  -jo  mile-  frum  that  place,  \\here  tin-  river  run-  into  the  F  re-no  S\\amp 
delta. 

The  entire  face  of  the  \alley  trough  surrounding  tlie  Fresno  Swamp  and  the 
great  bend  of  tin-  San  .l<>u<|iiin  Kiver  i- »l'ten  submerged  during  the  floods,  and  below 
this  region  numerous  sloughs  break  out  from  the  San  .l<>:ii|iiiii.  and.  after  miming 
for  a  distance  in  the  same  general  direction,  reunite  with  it  lower  down,  thus  form- 
ing a  liroad.  swampy  area,  often  submerged  and  generally  very  fertile. 

From  l'olla-k\  the  river  Hows  over  alternating  beds  of  disintegrating  granite. 
interspersed  with  lx>wlders  and  mar-e  gravel  and  broad,  flat  bar-  of  sand.  It- 
channel  varies  in  width  from  :'.uu  to  '.HMI  feet,  and  also  greatly  according  to  the  stage  of 
the  river.  Its  de-cent  from  1'ollasky  to  the  lower  plains  below  Ilerndoii  is  quite 
rapid,  being  more  than  M>  feet  in  the  20  miles.  From  this  point  its  fall  is  naturally 
more  gradual  as  it  passes  out  upon  the  nearly  level  plains,  being  only  I!*!  feet  to  it- 
union  with  the  waters  of  Fresno  Slough.  3(1  miles  farther  down. 

In  its  course  through  the  valley  trough  the  de-cent  of  the  river  is  still  more 
gradual,  and  in  times  of  low  water  it  winds  along  around  sand  bars  in  its  lied  or 
bordering  its  hanks.  For  example,  the  straight  line  from  the  junrtion  of  the  river 
with  Fresno  Slough  to  the  head  of  Old  River,  where  it  separates  into  t  >vo  channels. 
is  87  miles  in  length,  but  the  river  between  tho-e  points  develops  into  14»!  miles. 
Its  average  width  in  this  stretch  is  from  :5oo  to  t'.im  feet,  and  its  depth  from  bank 
top  to  In-d  is  12  to  IN  feet. 

The  river  )n?d  is  usually  covered  with  clean  siliceous  sand,  with  here  and  there 
an  outcropping  of  tenacious  clay.  The  bank-  are  generally  of  a  tough  alluvial 
deposit,  and,  as  usual  with  stream-  subject  to  floods,  arc  -lightly  higher  than  the 
lands  outside  of  them. 

The  course  of  the  river,  and  of  each  of  the  many  sloughs  which  drain  into  it.  may 
be  followed  by  the  thick,  luxuriant  growth  of  s\\amp  willows  which  lines  their  banks. 
On  the  higher  ground  cotton  woods  flourish,  and  oaks  are  scattered  at  interval-  over 
the  entire  district. 

As  may  be  readily  understood,  the  high,  steep  bluffs  on  either  side  of  the  upper 
reaches  of  the  river  have  offered  great  engineering  obstacles  to  the  diversion  of  water 
for  the  pur]M>ses  of  irrigation,  and  but  one  attempt  to  this  end  (which  resulted 
in  disastrous  failure)  ha-s  Ix-en  made — that  by  the  I'pper  San  .Ioa<|iiin  Hiver  Canal 
( 'ompany. 

The  tir-t  feasible  jxiint  along  the  river  from  which  water  may  be  easily  taken  for 
irrigation  without  the  building  of  a  long  line  of  canal  above  the  irrigable  district  i- 
alH>ut  4(>  miles  below  1'ollasky.  where  the  Aliso  Canal  diverts  water  from  the  river. 
From  this  point  down,  on  each  side  of  the  river,  the  high  banks  and  the  relatively 
low  plain  In-yond  make  the  construction  of  irrigating  canal-  easy:  and  it  i-  from  this 
point  on  that  we  tind  in  -uccessful  operation  the  -\-tein-of  canals  deriving  their 
water  from  this  river. 

THE  SOILS  IN  THE  DRAINAGE  AREA  OF  SAN  JOAQTJIN  RIVER. 

After  the  river  leave-  the  mountains,  as  before  de-( -ribed.  the  surface  of  the  land 
is  at  tirst  inter-|>cr-ed  with  outcroppings  of  primitive  rock.  The  -oil  is  thin  and 
yield- only  -cant  pasturage  and  is  nowhere  much  above  hardpan  orbed  rock.  An 


IRRIGATION    FROM    RAN    JOAQITIN    RIVER.  221 

exception  to  the  above  condition  is  found  in  the' bottom  lands  of  the  river  from  Pol 
lasky  downstream.     These  are  composed  of  loose  sand  washings  and  river  sediment, 
mixed  with  clay  loam:  are  fertile,  readily  absorb  water,  and  are  easily  irrigated. 

As  we  proceed  southward  and  westward  along  the  river  the  rolling  lands  on 
either  side  are  lean,  compact,  dry  reddish  clay  and  igneous  mud  deposits,  with  "hog 
wallow"  formations  prominently  in  evidence.  The  hardpan  approaches  close  to  the 
surface  and  is  sometimes  bare.  The  soil  is  so  puddled  by  the  clay  ingredients  that 
it  is  almost  nonabsorbent  of  water;  and  irrigation,  particularly  by  means  of  lateral 
absorption  and  subirrigation,  is  almost  impossible.  Some  of  these  lands  are  summer 
fallowed,  and  thus  are  made  to  produce  fair  crops  of  cereals. 

As  we  move  farther  in  a  southwesterly  direction  into  the  plain  and  irrigation 
sphere  of  Kings  River  we  find  the  soil  deep,  absorbent  of  water,  and  remarkably  well 
adapted  to  the  best  methods  of  using  water  and  to  the  production  of  heavy  crops. 

This  character  of  soil  holds  except  within  a  strip  a  few  miles  in  width  south  of 
(he  San  Joaquin.  On  the  north  bank  of  that  river  the  " hog  wallows " and  rolling 
lands  run  far  down  into  the  valley,  and  owing  to  their  nonabsorbent  character  the 
country  is  difficult  to  irrigate,  except  in  small  areas  here  and  there  where  alluvial 
deposits  are  found.  This  condition  prevails  until  the  middle  plain  is  attained.  There 
the  high  river  banks  and  hills  are  left  behind;  the  plain  is  only  -W  or  50  feet  above 
the  river  bed,  and  the  soils  on  either  side  are  looser,  lighter,  and  better  adapted  to 
irrigation.  On  the  south  side  they  are  deep,  sandy,  and  nearly  free  from  alkali. 
On  the  north  side  they  are  not  as  light,  with  the  exception  of  the  alluvial  spots  before 
mentioned.  The  surface  is  somewhat  rolling,  and  often  contains  spots  of  alkaline 
soil.  The  depth  to  hardpan  is  not  great,  and  altogether  the  soil  is  not  as  fertile  nor 
as  easily  cultivated  and  irrigated  as  on  the  south  side  of  the  river  in  Kings  River 
domain. 

As  we  proceed  toward  the  lower  plain  and  the  trough  of  the  San  Joaquin  we 
encounter  soils  varied  in  constitution  in  different  localities,  often  changing  quickly 
within  limited  areas,  being  sometimes  black  adobe,  then  loose,  sandy  loam  and  river 
sediment,  and  again  hard,  alkali  soil  and  compact  hardened  clay  loam. 

The  lowest  valley  trough  is  subject  to  occasional  overflow  from  the  river,  and  in 
some  parts  to  annual  inundation. 

Dr.  E.  W.  Hilgard,  professor  of  agriculture  in  the  University  of  Calif ornia,  says 
of  the  soils  of  the  San  Joaquin  Valley.1 

The  higher  plains  have  very  uniformly,  from  Kern  County  to  Stanislaus,  a  very  sandy  loam  soil  of 
great  depth,  and  almost  everywhere  made  of  granite  debris  instead  of  quartz  grains;  hence,  continu- 
ally increasing  their  stores  of  mineral  plant  food  by  the  weathering  of  the  minerals  present,  a  process 
which  in  so  porous  a  material,  subject,  in  its  natural  condition,  to  the  free  access  of  air  during  the 
greater  part  of  the  season,  was  evidently  very  rapid  and  as  a  consequence  has  developed  unusually 
large  amounts  of  the  soluble  products,  which  often  appear  in  an  inconvenient  abundance  in  the  guise 
of  alkali.  But  little  trouble  arises  from  this  cause  in  the  high-lying  sandy  tracts,  where  irrigation  or 
the  natural  rainfall  carries  the  soluble  salts  annually  into  the  country  drainage.  But  in  the  low-lying 
and  less  pervious  soils  of  swales  and  valley  troughs,  which  are  at  the  same  time  intrinsically  the  richest 
in  available  mineral  plant  food,  the  accumulation  frequently  causes  considerable  trouble  and  difficulty. 
There  is  on  the  whole,  however,  but  little  of  the  heavier  class  of  adobe  soils  to  be  found  in  the  San 
Joaquin  Valley;  what  is  currently  so  designated  would  in  other  regions  sometimes  be  hardly  classed  as 

'California  Station  Kpt.  1888-89,  pp.  115,  130. 


IN    <   \ 

a  clay  loam.  Tin-  narrow  Ix'll  of  dark-colored  day,  or  adoU-  laml.  extends  from  the  m-ighlinrhoi  .<!  nf 
\lerci-d  City  toward  Stockton,  where,  northward  of  French  Catn|>  Slough  an<l  imperially  we-tward  to 
the  Cuact  BaafO,  fWlly  hefcvy  adobe,  or  praiii.  •  soils,  prevail  very  largely.  To  tin- soiithwanl  of  tlii- 
lii f  San  .liiai|iiin  County  luloU-  Mills  an-  found  only  in  tin-  river  trough,  and  tin- soils  of  the  west  side 

are  prevalently  sandy  all  the  way  to  the  Ti-jon  Mountains.     *     *     * 

The  ancient  deposits  of  the  Kind's  Itiver  are  represented  Iiy  the  •'white  ash"  soils  of  the  Central, 
Wa-hington,  i.nil  other  colonies;  while  tho.-e  ul  the  San  .loaoiiin  side  are  reddish,  study  loams,  con- 
tracting |Miinle<lly  with  the  "white  ash"  lands  This  distinction  i>  said  to  he  maintained  to  a  greater 
or  le^  extent  nearly  to  the  trough  or  edge  of  the  "tule"  licit  to  the  westward;  while  to  the  eastward 
of  Fre.-no  City  Uith  kinds  of  lands  nin  out,  as  the  foothills  are  approached,  into  a  luirdi-r  licit  of 
lirownish  clay  loam  (here  aim  culled  adobe).  *  »  * 

The  magnificent  result*  of  irrigation  in  the  Kn-sno  region,  trancforining  what  seemed  an  arid 
waste  into  a  ina/.e  of  orchards,  vineyards,  and  fields,  showing  the  most  luxuriant  growth  of  a  great 
variety  of  products  of  the  warm,  teni|ieratc /one,  can  not  readily  he  excelled  as  a  cogent  illustration  of 
the  U-netits  of  irrigation  in  all  its  phases.  Owing  to  the  |.oroiis  nature  of  most  of  its  soils,  and  the  fact 
that  certain  portions  of  the  region  are  underlaid  hy  more  or  less  compact  and  impervious  calcareous 
hardpan,  it  lias  also  served  conspicuously,  in  times  pact,  to  illustate  the  evils  of  overirrigation,  resulting 
in  the  temimrary  "swamping"  of  lower  lying  lands  and  the  development  of  alkali  w  here  it  was  never 
known  before,  and  need  not  U-  hen-after  under  a  rational  system  of  drainage. 

In  the  lower  lands  of  the  country  to  the  northward,  to  the  Fresno  plateau,  on  the  San  .loai|iiin 
and  Fresno  rivers,  a.s  well  as  on  Cot  ton  wood  Creek,  we  again  lind  soils  of  a  heavier  grade,  and  with 
large  supplies  of  mineral  plant  food. 

RAINFALL. 

Stated  roughly  nnd  in  round  numbers,  the  annual  precipitation  of  ruin  and  snow 
on  the  high  Sierras  at  the  sources  of  San  JotU|iiin  Kiver  lias  a  mean  of  r»t)  inches.  In 
tin-  lower  mountains  of  its  watershed  the  amount  falls  to  4o  inches:  on  the  foothills  to 
30;  upon  the  higher  plain  to  ^0;  and  in  the  lowland  trough  of  the  river,  al  ami  near  it- 
great  turn  to  the  north,  to  10  inches;  from  which  locality  it  <rraduallv  incfeax-s  in 
amount  as  we  proceed  down  the  vtilley  to  the  mouth  of  the  river. 

FLOW  OF  THE  RIVER. 

The  San  .loaquin  fluctuates  widely  in  the  course  of  the  year,  between  a  hio-h  or 
flood  water  level  and  a  low  or  autumn  How.  By  ^ao-ino-s  at  Haniptonville  (or  I'ol- 
lasky)  and  also  at  Herndon.  the  maximum  flow  of  the  river  h:is  been  recorded  as 
hio-h  as  59,800  cubic  feet  per  second.  The  months  of  greatest  flow  are  from  .lamiary 
to  July,  inclusive.  On  the  other  hand,  its  minimum  Mow  has  fallen  as  low  as  l.'io 
feet  at  Herndon.  The  months  from  August  to  October  include  the  period  of  low 
water.  In  the  winter  and  spring  months  the  average  discharge  approximates  to 
5,(K)0  to  6,000  cubic  feet  per  second. 

CLIMATE. 

That  part  of  the  great  interior  valley  drained  by  San  .Toaqiiin  Kher  contains 
ll.iNMi  square  miles.  Its  climate  is  quite  dim-rent  from  that  of  the  coast  regions  on 
the  we-t.  as  well  as  from  that  of  the  high  Sierras  on  the  ea-t.  The  animal  rainfall 
is  light,  decreasing  gradually  from  an  average  of  about  \-l  inches  in  the  lower  vallev 
near  StiK-kton.  to  about  ."•  inches  in  the  upper  part  near  Hakerstield.  approximated 
•_'!'."•  miles  distant. 

\\>  atmosphere  i-  very  dry.  particularly  during  the  summer  season;  andcon- 
sequently  very  conducive  to  the  evaporation  of  water,  both  from  the  streams  and 
the -oil.  The  summer  temperature  is  very  high.  but.  owing  to  the  dry  ness  of  the 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  223 

air,  is  not  often  oppressive  or  injurious  to  the  health.  In  the  winter  season  there 
is  little  or  no  destructive  frost,  and  except  in  the  mountainous  districts,  no  large 
amount  of  ice  or  snow.  The  summer  nights  are  usually  clear,  and  owing  to  the 
uninterrupted  radiation  of  heat  and  the  descent  of  cold  air  from  the  Sierras,  are  cool 
and  comfortable. 

The  prevailing  winds  in  the  valley  are  from  the  north,  being  in  summer  time 
the  sea  bree/es  of  the  coast  that  follow  the  river  and  lowland  levels,  and  which  come 
in  a  dried  and  tempered  condition  to  the  interior  valley.  In  both  summer  and  winter 
the  valley  is  occasionally  visited  by  "northers"  or  high  north  winds  which  blow 
with  considerable  velocity.  Those  of  summer  carry  great  volumes  of  desiccated  air 
over' the  entire  region,  abstracting  moisture  from  the  soil  and  vegetation  and  evapo- 
rating immense  quantities  of  water  from  canals  and  streams.  The  winter  "  northers" 
are  usually  cold,  and  frequently  are  dry,  also. 

The  rain  is  usually  brought  by  a  warm  southerly  wind,  and  is  seldom  large  in 
amount. 

PRODUCTS. 

Originally  the  great  San  Joaquin  Valley  was  almost  entirely  cultivated  for 
enormous  crops  of  wheat,  the  farmers  relying  upon  winter  rains  for  the  natural  irri- 
gation of  the  soil,  or  on  summer  fallowing  to  eke  out  the  scanty  rainfall.  On  the 
west  side  of  the  valley  the  precipitation  is  often  deficient,  no  more  than  two  or  three 
crops  of  grain  in  five  years  being  probable  without  artificial  wetting  of  the  soil. 

As  irrigation  came  to  be  practiced  the  waters  of  the  San  Joaquin  and  of  the 
other  T'ivers  in  the  great  valley  were  carried  upon  the  fertile  lands  in  the  valley 
trough,  and  heavy  and  remunerative  crops  of  raisin  and  wine  grapes,  orchard  fruits, 
alfalfa,  and  the  cereals  were  produced,  as  well  as  good  pastures  for  immense  herds 
of  cattle;  and  it  soon  became  evident  that  much  of  the  valley  land  upon  which  irriga- 
tion water  could  easily  and  cheaply  be  introduced  was  too  valuable  for  the  produc- 
tion of  ordinary  and  single  crops  of  wheat  or  other  grain.  Consequently  such  areas 
were  speedily  converted  into  orchards  and  vineyards  or  into  alfalfa  fields  from  which 
three  to  five  crops  of  the  rich  grass  could  be  harvested  each  year. 

IRRIGATED  TRACTS  IN  THE  VALLEY  AND  POSSIBLE  EXTENSIONS. 

The  Aliso  Canal,  highest  up  on  San  Joaquin  River  on  its  right  or  easterly  bank, 
and  owned  by  Miller  &  Lux,  a  corporation,  was  constructed  and  is  used  for  the 
purpose  of  irrigating  wild  grass  lands  in  the  river  bottom  of  that  locality.  It  im- 
proves the  pasturage  for  herds  of  cattle  belonging  to  the  corporation  and  it  irrigates 
an  area  of  about  3.000  acres.  Miller  &  Lux  intend  to  further  extend  this  irrigation. 

Next  below  Aliso,  on  the  same  bank,  is  the  Chowchilla  Canal,  belonging  to  the 
California  Pastoral  ;md  Agricultural  Company.  It  was  constructed  to  irrigate  the 
lands  of  the  great  Chowchilla  Ranch,  containing  107,000  acres.  This  ranch  is  mainly 
utilized  for  the  pasturage  of  cattle  and  the  raising  of  swine,  but  3,300  acres  of  it  arc 
cultivated  for  alfalfa.  600  acres  for  barley.' and  480  acres  for  grass.  Much  of  the 
land  in  the  Chowchilla  Ranch  is  unfertile;  nevertheless,  with  a  large  supply  of  water 
a  greater  area  could  be  irrigated  and  improved.  This  supply,  however,  can  hardly 
be  obtained  except  by  using  a  portion  of  the  flood  flow  of  the  river,  either  by  means 


--4  IRRIGATION     INVKSTKiATK'V-    IN    (  AI.1I  <  >KMA. 

<>f  .storage  or  irrigation  in  the  high-water  -ca-on.  The  benefit  of  irrigation  in  thi- 
region  is  shown  by  the  well-known  fact  that  irrigated  lands  are  worth,  on  the 
average,  at  least  twenty-live,  times  the  value  of  those  in  the  same  locality  wtiidi 
remain  unirrigated. 

Some  miles  In-low  the  Chowchilla  Canal,  on  the  same  bank  and  belonging  to  the 
-ame  company,  i-  the  Mlyth  Canal,  i v, -ently  con.-tructed  for  irrigating  the  wild  gra  — 
land.-  on  tlie  Chowchilla  Ranch.  It  i-  a  short  ,-anal.  <'.  7;,  ,,f  ;l  mile  in  length,  and 
introduces  water  into  the  dry  hed  of  the  Fresno  River,  from  which  the  water  spreads 
out  upon  the  adjacent  plain  and  irrigates  !».<MM>  a. 'res  of  land.  With  a  sullicient 
water  >npply  this  area  could  he  largely  extended  or  increased. 

Still  farther  down  on  the  right  hank  of  the  San  .loaquin  is  the  Ka-i  Side  Canal, 
sometime.-,  called  the  Stevenson-Mitchell  Canal,  which  irrigate.-  L'.:.IMI  acres  of  land, 
distributed  as  to  crops  as  follows:  Alfalfa.  I.IMMI  acre-:  l.arley.  :iuu  acre-;  wheat. 
HKI  acre.-;  "hog  corn."  IIMI  acre-;  pastures  and  wild  grasses.  1  .IMMI  acres.  Much 
more  land  in  the  vicinity  might  be  irrigated  with  a  greater  water  -u|i|ilv:  luit  no 
storage  reservoirs  are  ]>o.-sihle  in  this  locality,  and  only  liy  winter  and  spring  flooding 
of  the  lands  and  storage  of  water  could  the  irrigated  areas  lie  increased. 

On  the  westerly  or  left  hank  of  the  San  .loaquin  we  tind.  lir-t.  the  .lame.-  Canal. 
formerly  known  as  the  Enterprise  Canal.  It  is  owned  by  the  .lames  Canal  Compaii\. 
which  po— e— , •-  a  large  much  of  IM.OIMI  acres,  lying  in  the  angle  between  San  .loaquin 
River  and  Fresno  Slough,  and  south  and  west  of  the  latter.  The  company  propo-e- 
to  irrigate  nearly  the  whole  of  this  tract,  either  for  pa-tmv  land-  or  for  the  production 
of  alfalfa  or  cereals.  Thus  far.  4L>.t;.Mi  acres  have  been  irrigated  from  the  canal:  but 
at  present  its  operation  is  enjoined  liy  the  superior  court  of  Fresno  Count  v  as  the 
result  of  a  suit  brought  against  the  company  by  Miller  <£  Lux.  The  detail- of  the 
litigation  will  lie  given  hereafter. 

Next  on  the  river,  below  the  James  Canal,  is  the  largest,  most  complex  and 
extensive  system  taking  water  from  the  San, loaquin.  It  i-  known  a-  the  San  .loaquin 
and  King.-  River  Canal  and  Irrigation  Company.  Miller  ^  Lux.  a  corporation,  arc 
the  principal  stockholders  in  this  company.  It  owns  the  "  Main"  or  "Old  Canal." 
the  China  Slough,  and  Outside  Canal,  which  form  one  line:  the  Parallel  Canal  and 
the  Dos  Palos  Canal,  with  numerous  branches.  In  addition  to  the-c.  Miller  \  Lux 
own  independently  P(MO  Slough.  Temple  Slough,  and  Santa  Rita  Canal,  which  are 
ii.-ed  only  to  irrigate  ranches  belonging  to  that  corporation.  More  than  IOO.OHO  acre 
of  land  have  been,  at  one  time  or  another,  irrigated  by  this  entire  -vstcm.  and  in  each 
year,  on  the  average,  about  .^I.IMMI  acres  are  thus  prepared  for  crops  of  alfalfa,  cereal-. 
or  fruits.  In  addition  to  this  must  be  mentioned  the  immense  but  indefinite  area-  of 
wild  gra—  lands  Monging  to  Miller  >Sc  Lux.  which  are  flooded  by  the  liiu-h  water.-  of 
the  river  taken  in  through  1'o-oand  Temple  slough-,  and  which  furni.-h  pasturage  for 
cattle,  bred  and  raised  for  the  supply  of  the  San  Francisco  market.  With  the  pre-ent 
condition-  <>f  water  supply  it  -eein-  impracticable  for  this  company  and  corporation 
to  extend  their  irrigation  systems  very  considerably,  as  tliev  have  no  storage  reser- 
voirs, but  rely  ii|Kin  the  How  of  San  .loaquin  River  for  the  required  amount  of  water. 
The  length  of  their  supply  canal-  already  ivachc-  >7  mile-,  and  these  have'  hram •he- 
amounting  in  all  to  over  L'OO  mile-  in  length.  With  an  increased  supply  of  water 
from  -torage  thi-  -ide  of  the  valley,  the  west  side  plain,  fora  much  greater  distance 


IRRIGATION    FROM    SAN   JOAQUIN    BIVKK.  225 

down  toward  the  mouth  of  the  river,  might  tie  successfully  and  profitably  irrigated, 
and,  in  fact,  the  area  of  land  under  the  ditches  and  the  crops  produced  could 
undoubtedly  be  multiplied  several  times. 

The  irrigation  possibilities  of  the  river,  so  far  as  the  ordinary  flow  is  concerned, 
seem  to  have  been  fully  exploited,  and  further  extension  of  irrigated  area  will  depend 
entirely  upon  the  storage  of  storm  and  flood  waters. 

Irrigation  along  San  Joaquin  River  is  practiced  both  for  the  wetting  of  barley 
and  alfalfa  tracts,  where  the  soil  is  too  alkaline  for  the  production  of  other  crops, 
and  for  the  cultivation  of  various  cereals,  grapes,  and  orchard  fruits  where  the  absence 
of  alkali  permits.  It  is  also  used  to  improve  the  pasturage  on  the  wild  grass  lands 
in  the  river  bottom. 

This  list  includes  all  the  irrigation  systems  taking  water  from  San  Joaquin 
River  and  the  lands  irrigable  therefrom;  but,  as  Fresno  River  and  Chowchilla  Creek 
arc  natural  tributaries  of  the  San  Joaquin  and  are  in  close  proximity  to  it,  I  shall 
include  in  this  report  descriptions  of  these  streams  and  of  the  lauds  which  may  be 

irrigated  from  them. 

FEESNO  RIVER. 

This  river  has  a  drainage  area  of  272  square  miles.  Its  sources  are  in  the  lower 
mountains  and  foothills  on  the  east  side  of  the  San  Joaquin  Valley;  consequently  it 
is  fed  principally  by  the  rains  which  fall  upon  these  elevated  lands,  and  derives 
comparatively  little  of  its  water  from  melted  snow;  therefore,  it  is  a  torrential 
stream,  subject  to  great  and  sudden  floods,  and  afterwards  usually  quickly  subsides 
into  ordinary  flow,  or  even  a  dry  state.  The  months  in  which  the  greatest  flow 
occurs  arc  December  to  June,  inclusive.  During  the  remainder  of  the  year  its  bed 
is  nearly  or  quite  dry. 

Records  available  show  a  monthly  mean  flow  sometimes  as  great  as  1,632  cubic 
feet  per  second;  but  the  general  average  is  much  lower  than  that,  running  from  200 
to  500  cubic  feet  per  second  during  the  wet  months. 

The  waters  of  this  river,  carried  in  the  Madera  Canal  and  Irrigation  Company's 
ditches,  are  used  first  to  irrigate  alfalfa  on  from  100  to  300  acres  of  land  on  the  Adobe 
Ranch,  10  miles  above  the  town  of  Madera.  This  area  could  be  increased,  probably, 
to  1,000  acres,  by  a  sufficient  water  supply.  The  main  field  of  distribution  from  the 
canal  is  upon  what  was  formerly  known  as  the  Howard  &  Wilson  Colony  lands,  about 
a  mile  below  or  southwesterly  from  the  town  of  Madera.  About  40,000  acres  of 
irrigable  land  lie  under  the  ditches  of  this  company,  of  which  one-half  have  been 
irrigated  at  different  times.  The  maximum  area  irrigated  in  any  one  year  has  been 
14,000  acres.  During  last  year — 1899-1900 — the  company  watered  7,100  acres. 
As  the  water  supply  for  this  canal  is  limited,  the  irrigated  area  depends  largely  upon 
the  amount  of  the  rainfall  and  the  resulting  quantity  of  water  flowing  in  the  river. 
With  ample  storage  capacity,  the  entire  40.000  acres  of  land  might  easily  be  irrigated, 
and  to  great  advantage.  In  fact,  there  is  a  very  large  area  of  land  lying  beyond  this 
colony,  to  the  south  and  west,  which  might  easily  be  brought  under  the  ditches,  if 
water  were  available.  This  company  is  already  preparing  to  improve  its  canal  sys- 
tem and  to  greatly  increase  its  storage  power.  The  particular  crops  produced  in 
1899-L!»oo  were:  Wheat,  3oo  acres;  barley,  600  acres;  grass  and  alfalfa,  3,000  acres; 
vineyards,  2,000  acres;  orchard  trees,  1,000  acres;  Egyptian  corn,  200  acres. 
23856— No.  100—01 15 


IKKIOATION     INV I -I h. VTh'Ns     IN     lAI.IRWNIA. 

CHOWCHILLA  CREEK. 

Cl)o\\chill:i  ( 'reck  i>  .similar  in  origin  and  characteristic*)  to  Fresno  Kivi>r.  already 
described.  It  has  a  drainage  area  of  'Jt'iS  square  miles,  and.  like  the  l-'rr-im.  I-  .-uh 
jcct  to  sudden  freshets  in  the  rainy  .season.  Records  have  yivcn  it  a  mean  monthly 
How  as  hJLrh  a>  l.tin.s  cubic  (Vet  |>cr  second,  lint  it-  average  (hiring  the  months  from 
December  to  .Inly,  inclusive,  is  fur  belovv  that  amount.  lieiiiLT  approximately  I"'11  cubic 
feet  per  second.  The  months  from  February  to  .lime,  inclusive,  furnish  the  greatest 
Bow,  avenging  :'.:'>:'•  cubic  feet  per  second;  but  the  months  from  .Inly  to  October. 
inclusive,  ordinarily  a  fiord  little  or  no  \\ater. 

The  only  irrigation  systems  on  ( 'liowchilla  Creek  are  those  of  the  Sierra  Vi-ta 
Vineyard  Company  and  the  15lis>  ditches.  Hy  means  of  dams  across  the  bed  of  the 
creek  they  ulili/.e  the  tlow  of  the  stream  to  irrigate  some  r,.niiii  or  S.IMIU  acres  of  land 
lyinjj  on  either  side  of  the  stream,  upon  which  vineyards,  fruit  trees,  alfalfa,  and 
pasture  lands  are  cultivated  or  impro\ed.  The  area  irrigated  in  any  one  year  i- 

largely  dependent  upon  the  rainfall  and  the  resulting  water  supply  in  the  creek.    The 

irrigated  area  mij^lit  lie  largely  increased  by  multiply in«r  the  number  of  dams  and 
thus  establishing  n  scries  of  impounding  reservoirs  in  the  bed  of  the  stream.  A-  jt 
is.  duriii";  freshets,  much  water  must  be  turned  aside  into  the  beds  of  IVrcnda  and  A-li 
sloughs  in  order  to  avoid  the  destruction  of  the  dams.  Such  new  impounding  dams 
should  have  stability  sufficient  to  resist  destruction  by  sudden  Hoods  and  freshets. 
There  are.  also,  one  or  two  excellent  reservoir  site.-  in  the  mountains  above  IJuchanan, 
where  laiye  <|iiantities  of  water  mijjlit  be  stored. 

The  valley  lands  adjacent  to  the  San  Joaquin  and  its  bi-anches,  now  berny  irri- 
gated by  existing  canals,  approximate  l^O.OiMi  acres  in  cereals,  fruits,  and  alfalfa. 
and  the  area  of  wild  yrass  lands  which  are  overflowed  by  the  Hood  waters  of  the  ri\  IT 
is  fully  double  this  amount. 

ESTIMATE   OF  TOTAL   AREA   OF  LAND  WHICH   MIGHT  BE    IRRIGATED   FROM 
SAN  JOAQUIN  AND  FRESNO  RIVERS  AND  CHOWCHILLA  CREEK. 

In  making  this  estimate  I  proceed  on  the  assumption  that  the  duty  of  water  in 
this  region,  the  valley  trough,  is  approximately  li;o  acres  per  cubic  foot  per  second. 
I  assume  this  duty  because  no  |x>sitive  and  definite  information  has  been  available  a> 
to  the  exact  duty  of  watemn  the  different  irrigated  areas  investigated  by  me.  but  the 
general  consensus  of  opinion  amonjr  canal  owners,  ranch  owners,  and  canal  superin- 
tendents is  that  the  above  is  a  fair  approximate  average  of  the  duty  of  water. 

I  find  from  Hall's  tables  of  How  of  water  in  San  .loa<|iiin  River,  established  by 
^•ajjin^s  from  1S"K  to  IsM.  inclusive,  that  the  axei-a^e  number  of  cubic  feet  per 
second  for  the  period  from  November  to  January,  inclusive,  is  T.'iO,  which,  upon  the 
assumption  that  a  cubic  fool  pel- second  will  irrigate  l»!ii  acres  (,|'  land,  would.  durin<r 
this  |>eri:xl.  ])roperly  irrigate  l^o.uon  acres  of  land  if  all  the  water  flowing  wei-e  avail- 
able for  irrigation.  In  the  same  way  the  average  How  for  the  jieriod  from  February 
to  April,  inclusive.  lx-in<r  L'.tt'.i'  cubic  feet  per  second,  would  serve  :!!•:;. '.IL'II  acres;  in 
the  per'uxl  from  Mav  to  .lime,  inclusive,  the  mean  of  about  T.l.'is  cubic  feet  per 
second  would  irrigate  1.  I'.I.">.L'M>  acres.  ;ind  during  August  to  October,  inclusive,  tlu 

cubic  ted  |MI   -ccoiid.  average  mean  llovv .  would   irrigate  li".M',so  acres  of  land. 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  2'27 

Under  the  supposition  that  this  water  could  be  stored  and  dealt  out  throughout 
the  year  as  might  be  necessary,  it  would  furnish  3,074  cubic  feet  per  second,  and 
would,  according  to  my  assumption,  irrigate  fully  490,000  acres,  instead  of  120,000 
(omitting  the  wild  grass  lands,  indefinite  in  extent)  which  are  irrigated  at  the  present 
time.  In  other  words,  more  than  four  times  the  present  irrigated  area  might  be 
brought  into  the  watered  region  with  a  corresponding  increase  in  values  and  pro- 
ductiveness. 

As  the  How  here  given  is  only  the  average  during  six  years,  and  is  greatly  in 
excess  in  some  months  and  deficient  in  others,  the  necessity  for  ample  storage  is 
apparent. 

The  gagings  of  Fresno  River  for  the  same  years  show  that  in  the  period  from 
November  to  January,  inclusive,  the  average  flow  is  66  cubic  feet  per  second,  which, 
with  a  duty  of  l<!o  acres  per  cubic  foot  per  second,  would  serve  during  this  period 
10,560  acres.  In  the  interval  from  February  to  April,  inclusive,  the  average  flow  is 
4S2  cubic  feet  per  second,  which,  on  the  same  basis,  would  serve  77,120  acres.  From 
May  to  June,  inclusive,  ['27  cubic  feet  per  second,  the  average  flow,  supposing  all 
the  water  to  be  available,  would  provide  for  20,320  acres.  In  the  period  from  August 
to  October,  inclusive,  the  flow  is  given  as  3  cubic  feet  per  second,  which  would  irri- 
gate only  480  acres.  In  the  same  way,  as  before  explained,  if  the  entire  flow  of  the 
river,  which  averages  160  cubic  feet  per  second  throughout  the  year,  could  be  stored 
and  dealt  out  as  required  it  would  provide  for  25,600  acres,  instead  of  the  average 
of  KUiiio  acres,  or  an  area  over  two  and  one-half  times  as  great  as  is  at  present 
irrigated.  As  in  the  case  of  the  San  Joaquin,  the  necessity  for  ample  storage  is 
apparent.  The  irrigated  region  might  well  be  extended  in  a  direction  southerly 
and  westerly  from  the  town  of  Madera. 

The  records  of  the  flow  of  Chowchilla  Creek  during  the  years  1878  to  1884  give 
for  the  period  from  November  to  January,  inclusive,  a  mean  discharge  of  44  cubic 
feet  per  second,  which,  on  our  assumption,  should  provide  for  7,040  acres  during 
that  period.  From  February  to  April,  inclusive,  456  cubic  feet  per  second  is  the 
mean  flow,  which  should  provide  for  72,960  acres.  From  May  to  June,  inclusive, 
the  mean  flow  of  118  cubic  feet  per  second  should  provide  for  18,880  acres,  and  from 
August  to  October,  inclusive,  2  cubic  feet  per  second  would  provide  for  only  320 
acres.  By  storing  and  regulating  the  supply  as  before  described,  about  24,640  acres 
might  be  irrigated  throughout  the  year  instead  of  5,000  or  6,000  acres  during  a  few 
months  of  each  year,  as  now. 

At  present  much  of  the  freshet  water  of  the  Chowchilla  is  lost  to  irrigation  by 
being  turned  aside  into  Ash  and  Berenda  and  other  sloughs  in  order  to  prevent  the 
destruction  of  the  dams  yet  remaining  intact.  The  advantages  of  storage  and  con- 
tinuous supply  in  these  cases  seem  very  evident,  and  as  the  soil  and  topography  of 
these  localities  are  peculiarly  suited  to  irrigation  the  irrigable  area  might  be  largely 
increased,  probably  by  15,000  acres. 


228  IKKIliATION    IN\  l-.-n<i.\TliiNs    IN     r  AI.1H 'KM  A. 

I'mlrr  the  assumption    which    I    ha\e   made,  it  is  |M>ssiblc   to  increase,  through 
<>f  flood  waters,  tin-  irrigable  lands  on  tin-  stream-  ntioned.  us  follow-: 

l\MttiUf  rstriutum  iif  irriyil"!  "/•"'  ninlir  Sun  Jinn/nin  nn.l  /'/.*//••  ritert  "i"l  Chowek&a  (V»rt. 


Strvam. 

PrcBcnt 
area. 

Acre*. 
120,000 

•490,000 

10,000 

25,600 

Chowchllla  Ciwk  

6,000 

•Jl.'.lil 

Total                                           

136,000 

540,  240 

Of  course,  in  this  computation  we  have  tnken  no  account  of  the  loss  of  water 
from  percolation  into  the  soil,  or  by  evaporation  in  storage  reservoirs;  but  this  would 
he  relatively  small  in  amount. 

APPROPEIATION  AND  DISTRIBUTION  OF  WATER. 

The  right  to  the  use  of  wuter  from  streams  in  California  may  inhere  in  the 
riparian  proprietor  or  may  be  acquired  by  complying  with  the  -tatute-  of  the  Slate 
for  the  appropriation  of  water.  Kight-  to  rotor  acquired  under  the  civil.  Spanish, 
or  Mexican  laws  before  California  came  under  the  control  of  the  I'nited  State-  un- 
guaranteed and  protected  to  the  fullest  extent  Appropriations  of  water  must  lie  for 
a  beneficial  purpose. 

The  method  of  appropriating  water  as  described  in  the  statutes  i-  as  follow-: 
SBC.  1415.  A  person  desiring  to  appropriate  water  must  ]x>*t  a  imtiiv,  in  \vritiii).',  in  a  ciinsiiiciioiis 
pla<«  at  the  jwint  of  intended  diversion,  stating  then-in: 

(1)  That  he  claim*  the  water  then-  flowing  to  the  extent  <>f  U'iviny  the  iininlKTl  inches  mciiMiml 
uixli-r  a  4-inrti  pressure. 

(2)  The  pnrjiost'  for  which  he  claims  it,  and  the  |>l:in-  of  intended  use. 

(3)  The  means  liy  whicli  he  intends  to  divert  it,  and  tliesi/euf  tin'  tliime,  ditch,  pi|ie,  <>rit<|iieduct 
in  which  he  intend*  to  divert  it. 

A  copy  < 'f  the  notice  ninst,  within  ten  days  after  it  is  posted,  Iv  recorded  in  the  "dice  of  the 
recorder  of  the  county  in  whicli  it  is  posted. 

In  order  to  determine  the  amount  of  water  "tiled  on"  and  appropriated  from 
San  Joaquin  River,  Fresno  River,  and  Chowchilla  Creek,  respectively.  I  studied  the 
records  <>f  water  claims  tiled  in  the  offices  of  the  county  recorders  of  Fresno.  Madera, 
and  Merced  counties,  first  having  a>cert«ined  that  those  were  the  only  counties  in 
which  water  for  irrigation  was  claimed  by  appropriated  from  the-e  >t reams;  and 
al>o  made  diligent  inquiry  among  irrigators  and  old  residents  interested  and  well 
informed  as  to  irrigation  matters.  I  found  tilings  on  water  made  a-  far  back  a-  1>..T. 
These  very  early  claims  wen-  usually  for  water  to  be  used  in  mining  and  milling  ore-. 
and  were  made  at  jMiints  in  the  mounlainou-  regions  around  the  sources  of  the  San 
Joaquin.  ThcM- early  records  were  often  vc'i-y  indefinite  both  as  to  the  location  of 
claim-  and  the  amount  of  water  appropriated;  but  probably  in  the  ordinary  case  the 
water  claimed  was.  after  u.-e.  turned  iiaek  into  the  -tream.  It  would  have  been 
practical  I  v  iinjHissible.  however,  at  a  later  date  for  another  per-on  to  decide  upon 

either  the  validity  of  the  clai -the  locality  in  which  it  wa-  made,  owing  to  the 

looseness  of  the  de-cription. 


IRRIGATION     FROM    SAN    JOAQUIN    RIVER.  22'.' 

In  endeavoring  to  determine  the  amount  of  water  appropriated  on  each  of  the 
.streams  under  consideration,  seven  large  volumes  of  water  claims  and  one  volume  of 
the  records  of  the  hoard  of  supervisors  of  Fresno  County  had  to  be  carefully  gone 
over  and,  as  far  as  possible,  the  streams,  branches,  tributaries,  and  claims  identified. 
In  many  cases  forks,  branches,  and  small  tributaries  were  mentioned  and  water 
claimed  therefrom  by  persons  whose  names  were  unknown  not  only  to  the  county 
recorder  and  his  deputies,  but  to  the  county  surveyor  and  his  predecessors  in  office 
and  even  to  the  "oldest  inhabitant"  of  the  region  supposed  to  be  the  locality 
specified.  Again,  in  the  wording  of  the  claim  no  statement  would  be  found  as  to 
whether  the  stream  on  which  water  was  claimed  was  a  tributary  of  the  San  Joaquin 
or  of  sonic  other  river,  and  since  the  filing  of  the  claim  the  name  of  the  stream 
might  have  been  changed  once,  if  not  oftener.  The  miners  and  irrigators  in  the 
early  days  gave  fanciful  and  arbitrary  names  to  streams,  gulches,  and  valleys,  which 
later  were  changed  and  in  time  forgotten. 

Another  confusing  feature  was  the  fact  that  a  great  number  of  streams  bore  the 
same  name,  as,  for  instance,  a  great  favorite,  Whisky  Creek,  and  also  Jackass  Creek, 
Bear  Creek,  Mill  Creek,  etc.  Some  of  the  streams  bearing  these  names  were  tribu- 
taries of  the  San  Joaquin  and  others  of  Kings  River.  It  was  necessary  to  look  up  on 
the  map  the  section,  township,  and  range  in  which  the  claim  was  located  in  order  to 
decide  whether  the  stream  named  was  a  tributary  of  the  San  Joaquin  or  of  some 
other  river.  When,  as  was  often  the  case,  no  section,  township,  or  range  was  men- 
tioned, it  was  practically  impossible  to  locate  the  claim  unless  some  natural  object- 
such  as  a  ranch,  bridge,  or  abandoned  mine — was  mentioned  which  happened  to  be 
known  bv  some  person  questioned  by  us.  There  were  also  numbers  of  claims  on 
streams  which  had  at  one  time  or  another  been  tributaries  of  the  San  Joaquin,  but 
had  since  been  diverted  or  had  sunk  into  the  sands  to  disappear  before  reaching  the 
main  stream.  It  was  necessary  to  look  up  these  streams  and  ascertain  by  inquiry 
whether  any  of  their  water,  in  times  of  flood,  still  reached  the  San  Joaquin. 

Many  tributaries  of  this  river  on  which  claims  were  located  did  not  appear  at  all 
on  maps  of  the  county,  and  could  be  "run  down"  only  by  close  inquiry  among 
miners,  mountaineers,  sheep  men,  and  State  forest  or  fish  commissioners  who  were 
familiar  with  the  ground.  Some  claims  on  Minaret  Creek  had  eluded  our  closest 
scrutiny,  and  we  had  about  decided  to  pass  them  as  not  belonging  to  the  San  Joaquin 
when  fortunately  we  met  a  fish  commissioner  who  knew  the  locality  and  was  able  to 
inform  us  that  the  creek  in  question  was  quite  a  bold  stream  and  an  undoubted 
tributary. 

The  ignorance  of  standards  of  measurement  of  flowing  water,  even  in  cases  of 
corporations  appropriating  large  amounts,  was  very  evident  and  often  disagreeably 
prominent.  Square  inches  and  square  feet  of  water  were  often  claimed,  as  well  as 
"cubic  inches"  and  "cubic  feet"  under  a  4-inch  pressure:  and  the  powers  of  transla- 
tion of  the  writer  in  endeavoring  to  interpret  the  real  meaning  of  the  appropriates 
were  often  severely  taxed.  Again,  claims  to  immense  quantities  of  water,  ridicu- 
lously disproportionate  to  the  means  stated  for  diverting  them,  were  a  common 
feature;  and  claims  to  "all  the  waters  in  the  river"  or  to  millions  of  miner's  inches 
were  frequently  encountered  in  the  search  of  the  records. 

It  was  found  to  be  practically  impossible,  except  in  the  cases  of  the  few  existing 


•_'.",ll  IKKIi.Vrii'N     1N\  1  -I  I'-A  THIN-     IN     '  '  \  I.I  l-'<  'KM  A. 

•  •anal-.  t<>  a-certain  if  the  water  claimed  lia<l  ever  been  used.     Tin-  writer  can  con 
ceive  of   no  more  .litticull    task    for   tin-  -earcher  of    records   than   to   trace  and    pa— 
UJMIII    tlie    validity   of  almost    any   of   tlie   older  water  claim.-    tiled    in   these   rountic- 
(lurinjr  the  la>l  thirty  vear-.  naturally  the  rc.-ult  of  the  careless  and  indelinite  -tatute 
prescril'iiio;  the  form  and  method  of  appropriation. 

In  order  to  more  dearly  ,-how  tin-  loo.-enc—  and  iiidctinitene.-.-  iii  claiming  water. 
herewith  some  extracts  from  (he  record-  in  each  of  the  three  counties. 

The  following  notice  is  an  example  of  mdetinitene-s  lioth  as  to  quantity  of  water 
claimed  and  of  the  locality  in  which  it  is  to  lie  taken.  It  will  lie  seen  al-o  that  no 
mention  i-  made  of  the  point  win-re  the  water  i-  to  he  u-ed: 

Mill  I'rok,  'i  Iriliiilnrii  n/llii'  .\nrlli   /•'"/•/'  <•(  II,,  .Vi«  .!•»,,  /iiin.      /*)/,./  .Inn,    .'<>.  1878. 

1  licrvliy  tfivi-  notiec  that  1  claim  L'  fi-cl  .if  tin-  waters  of  Mill  Creek,  same  t.i  lie  measun-d  under 
4-inch  pn-ssiire.  Sai.l  water  to  be  used  fur  irrigation  purposes.  Said  water  to  he  diverted  liy  inean- 
of  a  ditch,  to  IN-  taken  out  <>l  said  Mill  Creek  at  a  |mint  al>.nit  lit  yards  above  where  the  train  fmin 
Ridenhars  to  11  m  Mill  Creek. 

Another  of  these  earlier  claims  i-  as  follow-: 

l-'ort  «///»•  *F«  ./.»"/".-,.      l>,ii,,l  II,.-  xtl,  .Inn  ,,f  (I,-!,,!,,,:  IS77. 


Know  all  men  wh-iiu  it  may  emieern  that  1.  —  —  ,  of  the  alxivc-named  Mate  and  enmity, 

have  this  Stli  ility  of  OetnU-r.  1877,  appropriated  and  claimed  all  the  water  fur  I  mile  lielnw  .lohn 
Hern's  mill,  nr  In  the  extent  .if  "i.lKHI  enliic  inches,  ineasnreil  under  a  -1-ineh  |m-s.snn'.  UnwiiiK  intn  tin- 
North  Fork  of  the  San  .Ina.inin  Hiver  in  Crane  Valley,  in  said  State  ami  comity,  t"  he  n-«-d  as  stock 
water  and  for  ajiriciiltural  purixises,  to  remain  in  its  natural  channel,  alonj:  with  the  privilege  of  divert.- 
iiiK  l,(XXIenlii<-  inehi-s,  measured  under  a  t-ineh  ]»n-Ksiire,  fmin  said  North  Fork,  at  any  |K.int  most  emi- 
venient,  within  any  (loin:  from  one-foiirlh  tn  1  mile  In-low  John  Hern's  mill,  in  caid  State  and  county 
and  valley,  to  IK-  conducted  from  said  channel  by  ditch  and  Hume  of  :!  feet  w  ide  and  -  feet  deep. 

•  rded  18th  of  October,   1S77,  in  I'mok  A  of  Water   Rights  Ke.-..nU  el   Brand  County,  Cat.. 
pagelL'l. 

<;,,\,\  i,,il,-h,  a  Iriliiilnn/  "fl/i,  Ni»  ./IKK/K/'H.      1M>'<!  .'It/i  'In;/  ,,f  Ajiril,  1X78. 


Noli.  -e  is  hereby  (riven  that  we  claim  tlie  waters  of  this  stream  and  all  its  tributaries  from  thi« 
point  up,  to  the  amount  of  f),(XX)  cubic  inches  of  water,  mi  -a-ured  under  a  4-inch  pressure,  for  minim.' 
purposes.  The  original  of  this  notice  is  posted  on  a  white-oak  tree  on  the  south  bank  m'  the  north 
fork  of  the  stream  of  water  known  as  Kine  <  -old  (liulcli  '!*.  aKnit  :;  niiU-s  northerly  from  the  residence 
of  J.  IJ.,  in  Fresno  County,  Cal.,  and  is  located  this  L'Tth  day  of  April,  A.  I'.  Is7s. 

If  all  the  tributarie-  of  thi-  stream  are  delinitely  known  in  position  on  the  ma]i 
and  in  the  country,  and  we  know  exactly  what  appropriators  mean  1>\  •'culiic  inches 
of  wati-r.  mea-ufed  under  a  4-inch  pres-ure:  "  and  if  there  are  no  other  white-oak 
trees  in  that  vicinity;  or  if  the  white-oak  tree  ha-  not  been  cut  down.  Mown  down 
bv  the  wind,  or  struck  l»y  lightning:  and  if  "  '•'•  miles  northerly  from  the  residence  of 
,}.  H."  mean.-  e\a<-tly  :'.  miles  in  exactly  a  north  direction:  and  if  .1.  15.  has  not  moved 
away  so  lono  au'o  that  he  i-  toro-otten.  then  we  may  regard  this  location  a-  a  very 
exact  and  definite  one.  Hut  otherwise  it  would  probably  be  very  difficull  to  deter- 
mine the  jx)int  where  this  a]i|iropriatioii  wa-  made,  with  a  view  of  a-eertaiiiinj: 
whether  the  water  claimed  was  ai-ttially  Used.  And  if  we  could  not  interview  the 
three  appropriators.  we  might  still  l>e  left  in  doubt  a-  t<i  the  amount  of  water  claimed 


IRRIGATION    FROM    SAN    JOAQUTN    RIVER.  231 

Xmilli  /H-tiiii'/i  i if  A'r/ /we  Creek.      IM,-*I  Mm-rli  ;<i,   /,V,S7. 

Notice  of  location:  Notice  is  hereby  given  that  we,  the  undersigned  persons,  claim  400  inches  of 
the  water  of  this  creek,  where  this  notice  is  posted,  this  creek  l>eing  one  of  the  south  branches  of  the 
Kaiser  Oreek.  The  water  is  to  be  taken  out  where  this  notice  is  posted  and  conveyed  in  a  flume  and 
ditch  to  the  side  of  the  ridge  next  to  Kaiser  Creek,  and  used  in  hydraulic  and  "  min."  purposes,  and 
returned  to  it."  original  channel  about  2  miles  below.  , 

Dated  at  Kaiser  Creek,  Fresno  County,  Cal.,  March  29,  1881. 

V.  B.  C.  claims  "The  water  of  the  San  Joaquin  River  *  *  *  to  the  extent  of  51,840  cubic 
inrlirs,  under  a  4-inch  pressure." 

San  Joaquin  River.     Dated  October  SO,  1887. 

Notice. — Notice  is  hereby  given  that  we  claim  the  waters  of  the  San  Joaquin  River  to  the  extent 
of  a  flow  of  3,456,000  cubic  inches  under  a  pressure  of  4  inches;  that  we  intend  to  use  said  water  for 
irrigation,  navigation,  domestic,  and  manufacturing  purposes;  that  we  intend  to  use  said  water  on 
the  east  of  the  San  Joaquin  River  and  on  the  west  of  the  foothills  of  the  Sierra  Nevada  Mountains, 
and  in  the  counties  of  Fresno,  Merced,  and  Stanislaus;  that  the  course  of  the  canal  will  be  easterly 
and  northerly;  that  we  intend  to  construct  a  canal  of  sufficient  size  and  capacity,  to  be  not  less  than 
60  feet  wide  on  the  bottom,  nor  less  than  75  feet  wide  on  the  top,  and  to  be  7  feet  deep,  reckoning  from 
the  grade  to  the  top  of  the  embankment.  (The  point  of  diversion  of  said  water  is  on  the  right  or  east 
bank  of  the  San  Joaquin  River,  at  or  near  the  end  of  a  large  slough,  at  or  near  where  this  notice  is  posted. ) 

Fresno  County,  October  20,  1887. 

Recorded  November  4,  1887,  in  Book  B  of  Water  Rights  Records  of  Fresno  County,  Cal.,  pages 
50-51. 

A.  B.  and  J.  B.  claimed  "500  inches,  miner's  measurement,  under  a  4-inch  pres- 
sure, or  all  of  the  waters  of  this  Willow  or  North  Fork  Creek.  *  *  *  The  point 
at  which  we  take  the  waters  of  said  stream  for  the  purposes  aforesaid  is  about  20  feet 
in  a  southeasterly  direction  from  a  certain  yellow-pine  tree  marked  B.  D.,  on  the 
west  bank  of  said  stream,  and  on  which  this  notice  is  posted,  and  about  14  feet  in  an 
easterly  direction  from  a  certain  white  live-oak  tree,  also  marked  B.  D. ,  on  the  west  bank 
of  said  stream."  *  *  It  is  hoped  that  these  trees  are  not  situated  in  the  forest, 

and  that  they  still  remain  standing,  although  probably  the  "B.  D.'s"  are  now  illegible. 

Fifteen  miners  claim  250  feet  of  the  water  under  a  4-inch  pressure  from  the  south 
branch  of  the  South  Fork  of  the  San  Joaquin.  Probably  they  knew  what  they  meant 
by  250  feet  of  water  under  a  4-inch  pressure.  But  it  is  very  doubtful  if  H.  N.  B. 
did  know  exactly  what  he  meant  by  claiming  "4  square  feet  of  the  water  of  Whisky 
Creek,  measured  under  a  4-inch  pressure." 

On  the  Chowchilla  Creek,  4,000  and  20,000  cubic  inches,  measured  under  a  4-inch 
pressure,  are  claimed. 

The  K.  C.  A.,  and  J.  P.  and  W.  M.  propose  to  take  out  5,000  miner's  inches, 
under  a  4-inch  pressure,  from  the  San  Joaquin  River,  or  100  feet  of  water;  but  to 
make  sure  that  they  can  transport  this  quantity,  they  propose  to  make  a  canal  150 
feet  wide  and  6  feet  deep,  which,  even  with  a  velocity  of  1  foot  a  second,  would 
transport  !>()()  cubic  feet  of  water  per  second — a  large  river  in  itself. 

M.  J.  B.  and  R.  B.  propose  to  take  5,000  miner's  inches  of  water  from  the  San 
Joaquin  River  and  transport  it  in  a  ditch  2  feet  on  the  bottom,  4  feet  on  top,  and  8 
deep,  with  a  grade  of  16  feet  to  the  mile.  As  the  area  of  cross  section  of  the  ditch 
through  which  this  100  cubic  feet  of  water  per  second  must  pass  is  only  9  square  feet, 
the  water  must  have  a  velocity  of  more  than  11  feet  a  second,  and  therefore  M.  ,1.  B. 
and  R.  B.  should  carefully  line  their  ditch  with  cast  iron,  in  order  that  it  may  not  be 
washed  away  at  the  tirst  rush. 


I1IKIOATION    INVESTIGATION-;     IV     r  \  I.I  |  c  >i;NrA. 

These  notices,  taken  at  random  from  nearly   I' n  n-ronl.  illustrate  the  discrep 

ancics  whirh  arise  in  the  practice  of  hydniulies.  a>  well  a-  the  uncertainties  of  appro- 
print  iou>  under  the  existing  prescriptions  in  the  .statutes. 

SUMMARY. 

The  numlterof  claims  of  water  from  the  San  Joaquin  and  its  branches  is  31(5.  not 
including  those  from  Fresno  River  and  Chowchilla  Creek. 

"All  water  (lowing  in  the  San  .l<>a<|ii'm  River"  is  elaii 1  in  so  many  words  by 

different  persons  six  times,  in  addition  to  a  total  of  jr,1.7'.»l  cubic  feet,  omitting  all 
reappropriations.  "All  the  flow"  in  many  of  the  hranehes  and  forks  of  the  San 
Joaquin  «as  claimed  over  and  over  again:  :t-.  for  example.  Big  Sandy,  Whisky 
Creek,  and  Stevenson  Creek. 

The  greatest  flood  flow,  for  even  a  short  time,  of  the  San  .loai|u'm  River,  according 
to  gagings  during  eight  and  one-half  years  by  William  Hammond  Hall  and  .1.  B. 
Lippincott.  is  .V.i. MM)  cubic  feet  ]ier  second,  and  therefore  the  claims  of  water  above 
given  are  nearlv  eight  times  the  greatest  tlo<Kl  How  of  the  river  during  this  eight  and 
one-half  vears  specitied.  and  are  17i'  times  the  average  flow  per  second.  L'.i'iSU  cubic 
feet, during  the  period  mentioned.  Of  course,  we  mu>t  add  t<>  this  total  the  .sixfold 
claim  of  "all  water  of  the  river."  A-  the  water  of  the  San  Joaquin  is  not  in  the 
condition  of  an  elastic  vapor,  one  experiences  great  dillicully  in  understanding  how 
all  these  claims  could  be  satisfied. 

On  Fresno  Riverand  its  tributaries  ."><> claims  of  water  have  been  made.  Besides 
f»70,7'.l!»  miner's  inches,  or  l:'..4Ki  cubic  feet  per  second,  filed  on.  "all  the  water  of 
Fresno  River"  was  in  addition  claimed  once.  In  live  instances  the  quantity  was  nut 
mentioned,  and  might  have  been  anything  from  1  miner's  inch  to  the  entire  stream: 
and  in  another  instance  "enough  water"  wa-  claimed,  and  only  specified  by  the 
dimensions  of  the  flume,  namely,  a  flume  :',o  fed  wide.  I  feet  deep,  and  having  a  fall 
of  5  feet  per  mile,  evidently  carrying  a  generous  quantity  of  water,  which  would 
have  left  comparatively  little  to  other  appropriating  even  in  Hood  season. 

The  waters  of  Coarse  (iold  ( iuldi.  one  of  the  tributaries  of  the  Fresno  River, 
were  separately  claimed  three  times  over,  in  addition  to  L'.-'IOK  miner's  inches,  or  .">o 
cubic  feet  jM-r  second.  This  being  a  small  stream,  dry  at  certain  seasons  of  the  year. 
the  writer  believes  that  some  of  the  claimants  must  occasionally  lie  disappointed. 

Hall's  record  for  the  greatest  mean  rate  of  monthly  discharge  of  Fresno  River, 
during  six  years' observation,  gives  |  .»>:-',;>  cubic  feet  per  second,  and  therefore  the 
quantity  of  water  claimed,  in  addition  to  "all  the  water  of  the  river."  is  eight  times 
this  greatest  mean  llov\  per  second,  and  is  eighty  times  its  mean  yearly  discharge. 
160  cubic  feet  per  second. 

For  the  waters  of  Chowchilla  Creek  It  claims  have  been  made,  aggregating 
31,008  oum'c  feet  per  second,  plus  two  claims  for  quantities  not  given.  The  gagings  of 
Chowchilla  by  William  Hammond  Hall  during  the  six  conseciitiv  e years  before  spec! 
fied  gave  the  greatest  Hood  water  of  this  stream  during  that  period  as  1 0.7711  cubic  feet 
per  second.  Therefore,  on  this  stream  three  times  the  amount  of  its  greatest  recorded 
flood  llovv  per  second  has  IK-CD  claimed,  or  L'ol  times  the  annual  uniform  flow  of  the 
creek,  which  was  l.V_'  cubic  feet  per  second. 

Of  the  total  number  of  claims  to  water  from   the  San  Joaquin  and  its  branches. 


IRRIGATION    FROM   SAN   JOAQUIN   RIVER. 


233 


omitting  those  from  Fresno  River  and  Chowchilla  Creek,  at  least  115  of  the  total 
number  (316)  are  so  indefinitely  described  as  to  the  point  of  appropriation  or  diver- 
sion that  it  would  be  exceedingly  difficult,  if  not  impossible,  to  determine  that  point. 
None  refer  to  section,  township,  or  range  of  the  Government  survey,  and  we  find 
them  usually  oriented  by  means  of  natural  objects,  as  trees,  bowlders,  ranch  houses, 
etc.,  which  may  have  disappeared,  been  destroyed,  or  have  changed  owners. 

Of  the  total  number  of  claims  to  water  from  Fresno  River  and  its  branches, 
namely,  50,  21  are  indefinite,  as  before  described  in  the  case  of  San  Joaquin  River, 
and  for  similar  reasons. 

Of  the  15  claims  to  water  from  Chowcnilla  Creek,  3  are  very  defective,  2  being 
practically  unrecognizable  as  to  locality. 

Besides  those  just  mentioned,  there  were  locations  on  11  streams  or  lakes  which 
I  found  impossible  to  identify.  The  claims  amounted  to  152,750  miner's  inches, 
besides  two  quantities  not  given,  and  one  claim  to  "  all  the  water  of  Kelloggs  Creek." 
After  diligent  and  long-continued  search  in  every  quarter  holding  out  any  promise 
of  information — and  how  careful  that  search  was  has  already  been  indicated  in 
describing  our  methods — the  identification  of  these  claims  and  streams  was  of  neces- 
sity abandoned. 

All  the  canal  and  irrigation  companies  taking  water  from  San  Joaquin  River, 
Fresno  River,  or  Chowchilla  Creek,  with  probably  the  exception  of  the  San  Joaquin 
and  Kings  River  Canal  and  Irrigation  Company,  claim  vested  riparian  rights.  Also, 
numerous  individuals,  riparian  to  one  or  more  of  these  streams,  make  similar  claims. 
None  of  these,  so  far  as  the  writer  could  ascertain,  has  been  adjudicated;  and  in 
consequence  it  is  practically  impossible  to  state  their  exact  amount. 

The  following  table  sums  up  the  claims  on  San  Joaquin  River  and  its  tributaries 
so  far  as  they  are  for  definite  amounts: 

Definite  claims  to  water  from  San  Joaquin  River  and  tributaries. 


Name  of  stream. 

Number 
ofciaims. 

Amount 
claimed. 

Name  of  stream. 

Number 
ofciaims. 

Amount 
claimed. 

70 

Inches. 

28,244,420 

1 

Incites. 
12 

North  Fork  

67 

4,  432,  700 

Minaret  Creek  

3 

3  300 

Little  North  Fork 

6 

41  000 

Slink  Rock  Creek 

1 

500 

First  North  Fork 

4 

18,000 

1 

1  000 

South  Fork 

•I 

13,  932 

1 

1  000 

12 

2,  550,  400 

Mill  Creek  .     ...                        

1 

4  000 

12 

83,700 

First  Clipper  Mill  Creek  

2 

6,500 

Fine  Gold  Gnlcli  

12 

38,800 

Second  Clipper  Mill  Creek  

1 

5,000 

1 

3,550 

1 

1  000 

Whisky  Creek 

20 

10,900 

1 

100 

9 

15,000 

Bear  Creek  

1 

800 

Big  Creek  

9 

252,775 

North  Branch  Creek  

1 

300 

9 

300 

Rock  Creek 

1 

400 

16 

17,700 

1 

200 

Little  Dry  Creek  .                       

1 

1,500 

Sockanew  Creek 

1 

100 

7 

159,  440 

Fresno  River  and  tributaries  

41 

649  576 

Pitman  Creek  

3 

12,500 

Winchell  Gulch 

1 

1  000 

NOTE.— It  was  found  impossible  to  make  exact  grouping  of  streams,  but  those  given  are  approximately  correct. 


284  IRKKiATloN     IN\  K-TK i ATlnNS     IN    CAM  Koi;  N  I  A. 

EVOLUTION  OF  WATER  LAWS  IN  CALIFORNIA. 

A-  Mated  before,  the  history  of  irrigation  in  ( 'alifornia  began,  from  a  legal  .-.land- 
point,  with  the  coming  of  the  gold  seekers  in  ists.  Previous  to  tliat  time  the  mis- 
sion fathers  had  cultivated  their  vineyard-  and  orchard-.  u-ing  aqueducts  and  small 
-\  -telils  of  tirtiticiill  irrigation  modeled  on  the  method  of  Mexico  and  Spain;  luit  xery 
little  water  had  actually  been  u-ed  and  no  occasion  for  dispute  or  necessity  for  local 
law-  had  ari-cn. 

But  with  the  coming  of  the  miner-  and  the  location  of  their  mining  claim-  water 
for  their  working  l>ccame  an  imperative  ncce— it\ .  and  often  the  water  acquired  had 
to  be  conveyed  by  means  of  ditches  and  Humes.  Tin-  necessity  for  laws  to  regulate 
the-e  appropriations  of  water  was  evident.  Kadi  locality  adopted  its  own  simple 
rules,  b:iscd  on  common  sen-e  and  justice,  and.  a-  In-fore  stated,  tho.-e  of  the  differ 
ent  mining  district-,  however  widel\  -eparatcd.  were  practically  identical.  The 
lands  being  a  part  of  the  public  domain  of  the  I'nitcd  Slates,  the  first  appropriator 
wa-  held  to  have,  within  certain  well-detined  limit-,  a  better  right  than  other-  to  tin- 
claim  he  had  taken  up.  and  this  rule  was  also  applied  to  the  water  neee-.sirv  to  the 
working  of  the  claim.  The  tirst  appropriator  of  water  to  be  conveyed  to  a  locality 
for  mining  or  other  beneficial  purposes  wa-  recogni/ed  a-  having,  to  the  extent  of 
actual  use,  the  better  right.  The  doctrine  of  the  common  law  re-pert  ing  the  rights 
of  riparian  owner-  wa-  not  considered  applicable,  or.  at  mo-t.  only  in  a  very  slight 
degree,  to  the  conditions  of  miners. 

In  1851  the  State  legi-latuiv  of  ( 'alifornia  enacted  a  law  sanctioning  the  ••mining 
customs"  when  not  in  conflict  with  the  constitution  and  laws  of  the  State-.  This 
enactment  wa-  based  upon  a  new  principle  governing  tin-  rights  to  water  in  the 
I'nited  States,  the  principle  of  priority  of  appropriation  or  of  the  lir-t  appropriator 
being  tirst  in  right. 

Rut  in  iSoO  the  legislature  had  adopted  the  common  law  of  Kngland  when  not  in 
conflict  with  the  Constitution  of  the  United  States  or  the  constitution  of  ('alifornia. 
Thus  there  were  established  in  the  Stale  two  distinct  systems  or  rule-  of  law  govern 
ing  the  use  of  water,  one  having  its  foundation  in  the  equal   right   of  all  riparian 
owners  to  the  flow  of  the  -tream.  without   material  diminution  in  quantity  or  altera- 
tion in  quality,  regardless  of  any  priority,  and  the  other  having  for  it-  ba.-is  the  law 
of  priority  of  appropriation  and  use.  without  any  ownership  of  the  -oil  being  nee 
c— ary.  and  without  any  obligation  on  the  part  of  the  owners  to  turn  the  water  thus 
diverted  back  into  the  natural  course  of  the  stream. 

The  law  of  riparian  rights,  brought  over  from  Kngland.  a  nonirrigating  country, 
and  embodied  in  our  common  law.  has  l>een  greatly  niodilied  in  it-  application.  The 
right  of  the  riparian  owner  to  have  the  water-  of  the  stream  flow  pa-t  hi-  lands 
"unpolluted  and  nndiiniiii-hed  in  volume"  has  been  encroached  upon  by  the  nece— ity 
of  other  riparian  owner-  to  use  water  for  irrigation:  and  the  question.  Shall  irrigation 
be  considered  an  artificial  or  a  natural  use  of  water;  has  been  an-weivd  by  the  court-. 
The  courts  hold  that  the  circum-tanees  of  the  ca-e  should  decide  the  question.  In  a 
country  when-  irrigation  is  a  necessity,  a-  in  California,  irrigation  is  a  natural  and 
reasonable  use  of  water:  and  riparian  owner-  are  entitled  to  ti.-e  the  water-  flowing 


IRRIGATION    FROM    *AN    JOAQUIN    RIVER.  235 

past  their  lands  for  that  purpose  within  reasonable  limits.  Rights  acquired  under 
the  civil,  Spanish,  and  Mexican  laws  before  California  was  transferred  to  the  United 
States  were  also  by  treaty  and  statute  fully  protected. 

STATUTORY   LAWS   RELATING   TO   WATER   RIGHTS. 

On  the  1st  of  January,  1873,  the  civil  code  of  California  went  into  effect.  Among 
its  provisions  are  the  following  for  the  acquisition  of  water  rights: 

SEC.  1410.  The  right  to  the  use  of  running  water  flowing  in  a  river  or  stream  or  down  a  canyon 
or  ravine  may  be  acquired  by  appropriation. 

SEC.  1411.  The  appropriation  must  be  for  some  useful  or  beneficial  purpose,  and  when  the 
appropriator  or  his  successor  in  interest  ceases  to  use  it  for  such  a  purpose  the  right  ceases. 

*  *****  * 

SEC.  1414.  As  between  appropriators  the  one  first  in  time  is  the  first  in  right. 
SEC.  1415.  A  person  desiring  to  appropriate  water  must  post  a  notice  in  writing  in  a  conspicuous 
place  at  the  point  of  intended  diversion,  stating  therein: 

( 1 )  That  lie  claims  the  water  there  flowing  to  the  extent  of  (giving  the  number)  inches,  measured 
under  a  four-inch  pressure. 

(2)  The  purpose  for  which  he  claims  it.  and  the  place  of  intended  use. 

(3)  The  means  by  which  he  intends  to  divert  it,  and  the  size  of  the  flume,  ditch,  pipe,  or  aqueduct 
in  which  he  intends  to  divert  it. 

A  copy  of  the  notice  must,  within  ten  days  after  it  is  posted,  be  recorded  in  the  office  of  the 
recorder  of  the  county  in  which  it  is  posted. 

It  will  be  observed  that  the  particular  form  of  notice  is  not  prescribed.  The 
courts  have  decided  that  the  notice  need  merely  be  sufficient  to  give  any  intelligent 
man  proper  warning,  and  its  language  must  be  liberally  construed. 

Due  diligence  in  diverting  the.  water  and  completing  the  works  after  the  posting 
of  the  notice  is  required  by  law,  and  neglect  to  comply  with  this  regulation  brings 
forfeiture  as  against  a  .subsequent  claimant  who  has  complied  with  the  law. 

RIGHTS  OF  RIPARIAN  PROPRIETORS. 

In  the  civil  code  it  was  provided,  by  section  1422,  that  "The  rights  of  riparian 
proprietors  are  not  affected  by  the  provisions  of  this  title.1"  This  section  was  repealed 
I >v  the  legislature  in  1887,  with  a  proviso.  Sections  1  and  2  of  the  repealing  act  read, 
in  part,  as  follows: 

SEC.  1.  Section  1422  (describing)  is  hereby  repealed;  provided  that  the  repeal  of  this  section  shall 
not  in  any  way  interfere  with  any  rights  already  vested. 

Sue.  '2.  This  act  shall  take  effect  from  and  after  its  passage. 

Although  this  repealing  statute  seemed  to  be,  at  the  time  of  its  passage,  positive 
and  definite  in  its  intention  to  absolutely  abolish  the  riparian  law,  yet  it  has  been  held 
by  the  courts  to  in  no  wise  affect  the  riparian  rights  of  private  lands,  and  to  apply 
only  to  the  public  lands  and  their  waters  belonging  to  the  United  States. 

With  the  exception  of  the  act  repealing  the  law  of  riparian  rights,  the  statutory 
enactments  previously  given  simply  embody  the  principles  and  practice  in  the  matter 
of  water  rights  previously  recognized  in  the  State. 


•_'."•»',  IRKIi.AIK'N     l\\  1  -I  K.  \  TIoNs     IN     (  A  I.I  Kolt  X  I  A. 

THE  WRIGHT  DISTRICT  LAW. 
In  1KS7  the  now  famous  "Wright  law."  so  called.  u:i-  enacted.      It  «a-  entitled 

"An  ;u-t  to  provide  tor  the  organization  and  government  of  Irrigation  districts  ami 

to  provide  for  tin-  af(|iiisilion  of  water  and  other  property,  and  for  tin1  di-t  riluition 
of  water  thereby  for  irrigation  purposes." 

It-  passage  grew  out  of  a  desire  to  end  the  interminable  litigation  arising  between 
the  appropriation  of  water  fur  benelicial  purpose-,  on  the  one  hand,  and  thr  riparian 
owners,  holding  rights  acquired  before  the  repeal  of  the  riparian  law,  as  before 
explained,  on  the  other.  This  litigation  had  threatened  the  life  of  irrigation  in  Cali- 
fornia, and  it  was  generally  felt  that  a  decisive  step  must  be  taken  in  the  right 
direction. 

This  law  provides  for  and  authori/es  the  formation  of  public  cor|x>ratioiis  called 
"  irrigation  districts." 

Section  1  provides  that  50,  or  a  majority  of  the  holders  of  title  to  lands  >uscepti- 
ble  of  irrigation  from  a  common  source'  and  by  the  same  -\-teni  of  work-,  mav  or>;:iii 
i/e  an  irrigation  district  under  the  provisions  of  this  act. 

Section  ^  provides  the  manner  in  which  the  district  shall  l>e  organi/ed.  naineh  . 
by  petition  to  the  board  of  supervisor-  and  the  filing  of  a  sufficient  bond  in  double 
the  amount  of  the  probable  cost  of  organizing  the  district.  The  board  of  supervisors 
mav  exclude  from  the  proposed  district  any  lands  which  will  not  be  benefited  bv  it- 
formation.  The  matter  shall  then  IK' voted  on  by  the  people  at  an  election  held  for 
that  purpose  and  conducted  as  nearly:!-  practicable  in  accordance  with  the  general 
laws  of  the  State.  A  two-thirds  vote  in  favor  of  the  formation  of  the  district  is 
necessary  to  authorize  it. 

Sections  3  to  11,  inclusive,  relate  to  the  election  of  officers  and  their  duties. 

Section  12  confers  authority  upon  the  Iniardof  directors  of  the  district  to  acquire 

by  purchase  or  condemnation,  or  other  legal  means,  all  rights  ainl  water  righto  and  other  ]>rn|MTty 
i ic -re-wary.  *  *  *  In  case  of  purchase,  tin-  Kmdc  of  the  district  hereinafter  provided  fur  m:iy  lie 
used  at  thi-ir  par  value  in  payment,  and  in  ru*e  of  condemnation  the  lx>:ircl  .-hall  nroccc<!  in  the  name 
of  the  district  according  to  the  laws  of  the  State  provided  in  such  eiisen.  The  use  of  water  required  in 
any  irrigation  district,  together  with  the  ri^lit  of  way  for  canals  and  dilche-.  sites  for  n--crvoirs.  and 
all  other  property  is  hereby  declare!  to  !H-  a  pul.Ii. 

lion  l:j  provides  that  the  legal  title  to  all  property  acquired  under  this  act 
shall  immediately  vest  in  such  irrigation  district,  and  shall  lie  held  by  MK-lt,di-trict 
in  trust. 

Section  15  provides  for  the  issuance  of  Itonds  to  raise  money  for  construction. 
provides  for  special  election-  on  the  question,  for  t  lie  method  of  payment  of  the  bond-, 
and  for  special  assessments  when  the  sale  of  the  bond-  fails  to  furnish  -iillieient  money 
to  complete  the  work. 

Section  17  provides  that  the  bonds  and  their  interest  shall  be  paid  by  mean- of 
an  annual  assessment  IIJMMI  the  real  property  of  the  district,  such  assessment  to  be  a 
preferred  lien. 

Section  34  provides  for  the  jniyment  and  redemption  of  the  bonds. 

•ions  I',;")  and  :'<»'.  provide  for  bid-  for  the  construction  of  the  irrigation  works 
and  for  the  payment  of  said  work. 


IRRIGATION    FROM    SAN    .TOAQUIN    RIVER.  237 

Section  -iS  provides  for  the  apportionment  of  water  pro  rata  in  case  of  deficiency. 

Section  45  specially  provides  that  the  navigation  shall  not  be  impaired  by  the 
operation  of  this  act,  nor  shall  any  vested  rights  already  existing  in  water  used  for 
mining  purposes  be  disturbed. 

Section  4*!  provides  that  none  of  the  provisions  of  this  act  shall  repeal  or  in  any 
wise  modify  the  provisions  of  any  other  act  relating  to  the  subject  of  irrigation  or 
water  commissioners;  nor  shall  any  private  property  be  taken  or  injured  without 
compensation. 

A  number  of  supplementary  acts  have  been  passed  since  the  enactment  of  the 
law,  modifying  or  strengthening  certain  portions  of  the  act. 

This  law  has  been  repeatedly  attacked  in  the  courts  of  the  State,  and  at  every 
assailable  point,  but  has,  without  exception,  been  held  to  be  constitutional  by  the 
supreme  court  of  the  State.  It  has  also  been  carried  into  the  United  States  courts, 
and  although  declared  unconstitutional  in  a  decision  by  United  States  Circuit  Judge 
K.  M.  Ross,  was  subsequently  upheld  by  the  Supreme  Court  of  the  United  States  on 
the  points  involved. 

A  large  number  of  irrigation  districts  have  been  organized  in  the  State,  and 
many  of  them,  particularly  in  southern  California  and  in  Kern  and  Tulare  counties, 
have  been  successful;  but  others  have  been  at  least  financial  failures.  It  would  seem 
to  the  writer  that  the  lack  of  success  in  these  instances  was  not  due  to  defects  in  the 
law,  nor  to  the  difficult  engineering  problems  involved,  but  to  bad  financial  and 
executive  management.  In  some  instances  where  districts  have  been  organized  and 
bonds  issued,  interest  is  long  overdue  and  irrigation  works  have  not  been  as  yet  con- 
structed, or  at  least  completed.  The  farmers  in  the  district  are  assessed  when  no 
benefits  are  immediately  derived.  Default  in  payment  of  interest  and  expenses  has 
resulted,  and  the  financial  state  of  the  irrigation  districts  is  in  a  chaotic  condition. 
Such  outcome,  as  the  writer  believes,  is  much  to  be  regretted,  as,  with  skillful  man- 
agement, under  naturally  favorable  circumstances,  the  irrigation-district  system 
ought  always  to  be  successful.  It  involves  the  idea  of  local  self-government,  con- 
trol, and  taxation,  and  disposition  of  the  taxes  received,  and,  further,  retains  for  the 
use  and  benefit  of  the  farmers  in  the  immediate  locality  the  waters  which  otherwise 
might  be  diverted  to  remote  districts. 

LITIGATION  OVER  WATER   RIGHTS   ON   SAN  JOAQUIN  AND  FRESNO  RIVERS 

AND  CHOWCHILLA  CREEK. 

IN  THE  SUPERIOR  COURT  OF  FRESNO  COUNTY. 

As  compared  with  other  rivers  in  the  State,  there  has  been  very  little  litigation 
growing  out  of  disputes  over  water  rights  in  these  rivers;  and  the  cases  that  have 
occurred  are  scattered  over  a  number  of  years.  In  many  of  the  cases  the  disputes 
arose  over  a  construction  of  the  rights  of  riparian  owners,  as  opposed  to  those  of 
appropriators.  No  adjudication  of  the  water  rights  of  any  of  the  canal  or  irrigation 
companies  taking  water  from  any  one  of  these  streams  has  been  had. 

The  first  case  of  any  interest  is  that  of  Wm.  Howard  et  al.  v.  John  G.  Stitt,  No. 
522,  Fresno  County.  The  complaint  recites  that  Fresno  River  flows  over  and  through 
a  certain  section,  township,  and  range;  and  that  for  many  years  previously  the 


IRRIGATION    IN\  l-i:<-  \I1.-N-    IN     i    \  I. II  ••  >KNIA. 

grantor  of  plaintiff-  appropriated  fnr  irrigation  pur|M.-e-  tin-  water-  of  -aid  river  to 
tin- amount  of  17,8(X)  indies,  and  that  -aid  water  ha-  since  been  used  to  irrigate  tin- 
lands  of  plitintitrs  and  others.  'I'hi.- i-laim  is  lia-rd  on  prior  appropriation,  and  also 
on  rijMirian  right-.  Tin-  >p«-citic  coiiiplaint  against  defendant  is  that  he  is  building  a 
canal  to  take  water  from  the  river  above  the  point  of  diversion  of  plaintiff*,  and  will 
therehy  reduce  or  entirely  cut  oil  their  .supply,  and  an  injunction  is  prayed  for. 
Although  this  action  was  begun  some  -eventeen  years  ago.  subsequent  proceedings 
ha\e  not  l»een  taken,  and  the  artion  still  remains  in  the.  lower  court. 

In  lss'.»an  action  WU  brought  to  c-tablish  the  validity  of  the  organi/ation  of 
the  Madera  irrigation  district  and  of  its  bonds.  The  right  to  appropriate  water 
from  the  river  i-  not  questioned  only  the  lenity  of  the  district  organization.  The 
principal  opponents  of  the  district  were  ri|mri:in  owner-.  >iu -h  as  Miller  ^  Lux. 
(ieorgc  D.  Hli-s.  the  California  1'a-toral  and  Agricultural  Company,  the  Siena  Yi-ta 
Vineyard  Company,  and  others.  The  action  was  decided  by  the  local  court  in  favor 
of  the  district.  An  ap|>eal  was  taken  to  the  supreme  court  of  the  State.  The  di- 
trict.  however,  while  the  matter  was  pending  in  the  supreme  court,  confc.-.-ed  ei-ror. 
and  the  order  of  the  trial  court  was  thereupon  reversed. 

The  ca-e  of  Chapin  /-.  Albert  Brown  et  al..  No.  ti'T'J.  brings  in  the  matter  of 
conflict  Iwtween  riparian  rights  and  rights  by  appropriation.  1'laintill  averred  that 
Whi.-ky  Creek  flowed  over  and  through  his  lands,  and  that  he  used  the  water-  of 
said  creek  for  irrigation  and  domestic  pur|K>ses.  This  complaint  clearly  set  up 
riparian  rights.  The  plaintiff  complained  that  defendants  intended  to  divert  tin- 
waters  of  said  creek  by  means  of  a  dam  to  be  built  above  plaint  ill's  land,  by  reason 
of  which  plaintiff's  water  would  be  nil  off  or  reduced  greatly  in  amount,  and  he 
prayed  for  an  injunction.  Defendant- answered  that  they  also  owned  certain  lands 
bordering  on  said  stream,  and  moreover,  that  they  had  appropriated  certain  waters 
of  said  creek  pursuant  to  law.  and  had  prosecuted  diligently  the  construction  of  irri- 
gation works,  thu-  making  their  claim  both  on  riparian  rights  and  appropriation  and 
use.  In  this  case  the  law  of  riparian  rights  was  upheld  by  the  trial  court.  The 
defendants  having  been  unable  to  show  that  the  water  they  proposed  to  divert  was 
to  be  used  on  riparian  lands,  judgment  was  entered  in  fa\or  of  the  plaintiff.  An 
appeal  was  taken  to  the  supreme  court,  which  reversed  the  judgment  and  remanded 
the  cause  fora  new  trial.  The  rcinittitur  was  tiled  in  IS'.M.  No  further  action  ha- 
IM-CH  taken  since  then.  This  case  i>  a  good  illustration  of  the  conflict  arising 
iH-tween  existing  riparian  rights  and  rights  by  appropriation  and  u-e. 

The  ca-e  of  ,le—e  B.  Ho-s  /-.  .lame-  La wson  (  NO.  t821),  brought  in  1M'4.  involved 
the  (jiiestion  of  |n-iority  of  rijfht  by  appropriation.  Plaintiff  claimed  all  the  \\ater- 
of  Siekanew  Creek  by  appropriation  and  use;  defendant  claimed  »>o  inehe- of  -aid 
water  by  appropriation  and  use  for  live  years  before  the  commencement  of  the  suit. 
Judgment  \\a-  rendered  for  the  defendant. 

In  ls'.'l  Miller  \  Lux.  a  corporation,  brought  a  suit  ayain-t  the  Kre-no  Klume 
and  Irrigation  Companv  (No.  s.'^i').  praying  for  an  injunction  to  prevent  defendant- 
from  diverting  the  \\ater-  of  Mill  Creek  and  its  tributaries.  Plaintiff  averred  that  it 

owned  land  in  the  count  i f   l-'n--m>  and   Madera,  aggregating  some   isti.Too  acre-. 

situated  along  and  Inu'dering  on  San  .loaijuin  Uiver.  and  certain  sloughs  adjacent 
thereto,  anil  claimed  the  waters  of  -aid  -tream-  iifce— ary  for  the  irrigation  and  cul 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER. 

tivation  of  said  lands  by  virtue  of  riparian  ownership  and  usage  for  twenty  years. 
Thev  stated  that  defendants  proposed  to  dam  Stevenson  Creek  and  Mill  Creek,  and  to 
divert  the  waters  of  said  streams  from  their  natural  channels,  thus  preventing  them 
from  flowing  into  San  Joaquin  River,  as  they  naturally  would  do,  at  a  point  above 
the  land  of  plaintiff.  This  suit  involved  questions  of  the  right  of  appropriates  to 
take  from  a  stream  flowing  past  riparian  lands,  by  interfering  with  any  tributary 
flowing  into  the  stream  above  the  land  of  the  riparian  owner.  Other  minor  questions 
were  also  involved.  The  ease  has  not  come  to  trial,  the  defendants  having  as  yet  not 
tiled  an  answer. 

In  March,  l.s'.c.t.  Miller  &  Lux,  a  corporation,  and  the  San  Joaquin  and  Kings 
River  Canal  and  Irrigation  Company,  filed  a  complaint  against  the  Enterprise  Canal 
and  Land  Company  et  al.  (No.  863»>),  claiming  that  Miller  &  Lux  were  the  owners  of 
certain  tracts  of  land  bordering  on  San  Joaquin  River  and  its  branches,  and  that  they 
had  owned  said  lands  for  twenty  years  past,  and  that  said  lands  were  irrigated  and 
cultivated  by  means  of  the  waters  of  said  stream.  They  set  up,  then,  claim  as  riparian 
owners.  To  make  this  claim  more  decided  they  went  further,  and  stated  that  a  great 
part  of  these  lands  (being  in  fact  the  wild  grass  lands)  had  been  overflowed  yearly 
l>v  the  flood  waters  of  said  stream,  thus  being  rendered  exceeding!}'  fertile  without 
need  of  artificial  irrigation.  That  under  their  claim  and  right  as  riparian  owners  and 
appropriate™,  plaintiffs  had  constructed  and  used  numerous  canals  and  branches 
leading  out  of  said  river.  The  San  Joaquin  and  Kings  River  Canal  and  Irrigation 
Company  also  claimed  right  to  waters  taken  out  of  said  river  in  its  canal  system,  by 
appropriation  and  usage  for  twenty-five  years  past.  Plaintiffs  claimed  that  their 
canals  could  be  easily  supplied  only  by  water  from  San  Joaquin  River,  and  that  the 
lands  irrigated  the  rely  could  be  irrigated  only  from  that  stream,  and  claimed  the 
right,  by  appropriation  and  usage,  to  take  from  said  stream  3,350  cubic  feet  per 
second  of  the,  water  there  flowing,  and  claimed  that  defendants  had  no  right  to  take 
any  water  from  the  river  until  plaintiff's'  claim  had  been  satisfied.  Then  returning  to 
its  claim  as  a  riparian  owner,  to  have  certain  lands  overflowed  by  the  flood  waters  of 
the  stream  plaintiffs  denied  the  right  of  defendants  to  diminish  the  flow  of  the  river 
by  the  diversion  of  water,  thus  preventing  this  flooding  which  was  beneficial  to 
plaintiffs'  lands,  and  which  occurred  yearly  if  the  stream  was  allowed  to  take  its 
natural  flow  of  water  past  and  over  plaintiffs'  lands.  Having  thus  set  up  their  rights, 
plaintiffs  stated  that  some  time  during  the  year  1898  the  defendant  Enterprise  Canal 
and  Land  Company,  constructed  a  large  canal  or. ditch  above  the  lands  of  plaintiffs 
for  the  purpose  of  taking  water  from  San  Joaquin  River,  and  known  as  the  Enter- 
prise Canal  and  Land  Company's  Canal,  and  that  in  March,  1899,  the  defendant 
actually  diverted  through  said  ditch  a  part  of  the  flow  of  San  Joaquin  River,  which 
water  rightfully  belonged  to  plaintiffs;  and,  further,  that  the  water  thus  taken  was  to 
be  used  in  the  irrigation  of  lands  not  riparian  to  San  Joaquin  River.  Plaintiffs 
prayed  for  an  injunction  staying  defendant  from  taking  said  water. 

In  answer  to  this  lengthy  complaint  the  defendant  Enterprise  Canal  and  Land 
Company,  except  through  a  general  denial  of  all  the  allegations  of  the  complaint,  did 
not  denv  the  riparian  rights  of  the  plaintiff's  to  a  reasonable  use  of  the  waters  of  San 
Joaquin  River,  but  principally  based  its  claim  upon  the  right  of  outside  parties  to 
appropriate  water  of  a  stream  not  covered  by  claims  of  other  companies  or  iudi- 


•_'4I>  IRKKJAT10N    IN\  K>THi.\  I  I«N>     IN     i    \  I.I  !•  '<  'UMA. 

vidual-.  Ami  here  it  raised  :i  question  of  fact,  denying  that  tin-  plaintiffs.  .Miller  \ 
Lux.  ami  tin- San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company,  had  at 
any  times  diverted  or  used  ll.ooo  cuhic  feet  of  water  per  second  from  said  river,  or 
any  amount  in  excess  of  4Ni  ruhir  feet  of  water  per  second,  and  denied  the  right  of 
plaintiffs  to  divert  more  than  JM>  cubic  feet  of  water  per  second:  and  further  alleged 
tlia'  there  wa-  at  all  times  flowing  in  >an  JoMJoin  Kiver  water  greatly  in  execs,  of 
thi-  am. 'lint,  and  Mltiicient  to  enahle  lioth  plaintiffs  and  defendant  to  take  out  all  (lie 
water  rightfully  l>elonging  to  them.  It  admitted  that  it  did  construct  said  ditch  or 
canal,  and  did  divert  water  through  it,  but  declareil  that  it  had  a  right  to  d<>  -o.  there 
being  in  the  river  water  in  excess  of  the  amount  rightfully  belonging  to  plaintiff.-. 
Of  course  the  question  of  the  amount  of  water  rightfully  to  IK'  claimed  by  either 
party  was  largely  to  he  answered  liy  evidence.  The  plaint itf>.  as  prior  appropriator.-. 
were  of  eour-e  entitled  to  the  full  umoiint  of  water  they  had  claimed  and  actualK 
used;  but  if  there  had  been  water  in  ex.  e~-  (.f  thi>  amount  it  would  seem  that  a  later 
appropriator  would  have  the  right  t<>  take  that  BXC6M.  Hut  there,  again,  the 
riparian  rights  of  the  plaintiffs  came  in  and  complicated  the  matter.  Would  the 
taking  out.  through  a  canal  above  the  land-  of  the  plaintiffs,  of  these  waters,  have 
so  diminished  the  stream  as  to  interfere  with  plaintiffs'  riparian  rights;  Thi-  would 
also  seem  to  be  a  question  to  be  answered  by  the  evidence.  But  the  matter  of  the 
construction  of  the  law  came  in  on  their  claim  to  have  their  lands  Hooded  yearly  by 
the  surplus  water  of  the  river,  without  interference  by  other  parties;  and  it  was  this 
claim  that  the  defendant  most  strongly  contested. 

It  further  asserted  that  plaintiffs,  as  canal  owners  and  irrigation  companies,  had 
no  right  to  engage  in  farming  and  cultivation  of  the  soil,  using  thereon  the  waters 
taken  from  the  San  .Joaquin  through  their  canals.  It  further  averred  that  the  dam 
of  the  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company  between  the  mouth 
of  San  Joaquin  Kiver  and  Sycamore  Point  was  a  nuisance,  and  obstructed  navigation. 
Defendant  claimed  the  right  to  divert  r>oo.(M.»o  cubic  inches  of  water,  measured  under 
a  4-inch  pressure,  and  also  to  receive  into  its  canal  or  ditch  all  the  overflow  water  of 
the  San  Joaquin  claimed  by  the  plaintiffs  as  riparian  to  their  hinds.  As  will  be  seen. 
this  was  a  very  inqx>rtaiit  suit,  embracing  a  large  number  of  perplexing  quest  ions; 
vet.  withdrawing  the  case  from  its  side  issues,  it  resolved  itself  into  a  conflict  between 
certain  riparian  proprietors  protesting  againtri  any  diminution  of  the  stream  on  which 
their  lands  were  situated,  and  claiming  also  as  appropriators  and  actual  users  of  tin- 
water,  and  another  appropriator  who  claimed  the  right  to  construct  a  canal  and 
take  water  from  the  stream  at  a  point  above  the  lands  of  the  riparian  o\\  ncr>.  said 
water  to  be  used  for  the  irrigation  and  reclamation  of  land.-  which  probably  could  not 
beotherwi.se  irrigated,  but  which  were  not  riparian  'ands.  The  riparian  owners  and 
tir-t  appropriators  claimed  that  their  necessities  and  rights  cover  the  normal  flow  of 
the  stream.  The  second  appropriators  claimed  that  they  did  not.  The  riparian 
owners  and  appropriators  claimed  that  thft 'overflowing  of  their  lands  by  the  flood 
waters  of  the  stream  was  a  part  of  their  riparian  rights.  The  second  appropriator 
claimed  his  right  to  divert  all  this  flood  water  into  his  ditch,  to  be  carried  on  to  certain 
other  lands,  there  to  be  used  for  irrigation.  Another  defendant  sued  herein.  .Idler 
son  James,  -et  up  a  similar  defense,  but  in  addition  claimed  riparian  rights  on 

nn  Slough,  a  natural  water  course   (lowing  into  the  San  Joaquin.      A  complaint 


IRRIGATION    FROM    SAN    JOAQUIN    BIVKR.  241 

in  intervention  was  also  tiled  by  one  Mowrey,  claiming  riparian  rights  on  the  San 
Joaquin,  through  Fresno  Slough  and  other  branches,  declaring  that  if  the  overflow 
waters  of  the  San  Joaquin  were  diverted  into  the  ditch  of  the  Enterprise  Canal  and 
Land  Company  his  lands  would  -suffer  thereby,  through  not  being  annually  over- 
flowed; and  further,  that  any  diversion  of  water  from  the  San  Joaquin  by  defendant 
would  so  reduce  the  flow  of  the  river  as  to  deprive  intervenor  of  water  to  which  he 
was  entitled  for  the  irrigation  of  his  land.  This  very  important  suit  came  up  for 
trial  and  was  submitted  on  briefs  April  10,  1900.  The  court  rendered  its  decision 
August  1,  1900,  -the  substance  of  which  is  as  follows: 

In  an  action  where  the  plaintiff  claims  that  his  rights  have  been  or  are  likely  to  be  invaded  by 
some  unlawful  act  on  the  part  of  defendants  it  is  first  necessary  for  the  plaintiff  to  show  that  he  has 
the  right  which  he  claims  to  have,  and  that  by  the  unlawful  act  of  the  defendant  he  has  been  or  is 
likely  to  be  deprived  of  those  rights.  The  evidence  shows  that  the  plaintiff,  the  San  Joaquin  and 
Kings  River  Canal  and  Irrigation  Company,  has  been  diverting  water  from  San  Joaquin  River  by 
11  leans  of  a  dam  thrown  across  the  river.  The  question,  then,  presented  is,  Can  anybody  ever  acquire 
any  right  to  divert  water  by  means  of  a  dam  or  otherwise  out  of  a  navigable  stream?  It  is  recognized 
as  a  fundamental  principle  that  no  one  has  the  right  to  do  anything  which  will  in  any  way  destroy 
the  navigability  of  any  stream.  It  is  my  opinion  that  said  company  has  not  acquired  any  right,  by 
prescription  or  otherwise,  to  divert  any  water  from  San  Joaquin  River,  and  that,  having  no  right,  it  can 
not  ask  the  court  to  prevent  some  one  else  from  interfering  with  that  which  it  never  possessed,  to  wit, 
the  right  to  divert  water  from  San  Joaquin  River.  It  is  contended  by  the  plaintiff  that  this  question 
can  not  be  raised  in  an  issue  between  private  parties.  It  is  not  an  issue  raised  between  the  parties  in 
this  action,  but  it  is  the  failure  of  proof  on  the  part  of  the  plaintiff,  said  company,  to  show  that  ita 
rights  have  been  or  are  likely  to  be  invaded  by  defendant  in  this  action,  as  it  has  failed  to  show  that 
it  ever  had  the  right  to  appropriate  wa.ter  from  San  Joaquin  River.  The  act  of  the  plaintiff,  said 
rnmpany,  being  unlawful  from  its  inception,  it  can  not  found  a  right  on  an  unlawful  act,  and  I  am 
(if  the  opinion  that  the  plaintiff,  the  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company, 
is  not  entitled  to  recover  in  this  action  for  any  acts  complained  of  on  the  part  of  defendants.  The 
plaintiff,  Miller  &  Lux,  a  corporation,  also  complains  of  the  defendant  in  this  action  for  diverting  and 
threatening  to  divert  the  water  from  San  Joaquin  River  at  a  point  above  its  lands,  which  it  claims  are 
riparian  to  said  river.  The  evidence  and  the  stipulation  of  the  parties  show  that  Miller  &  Lux  have 
large  bodies  of  land  which  are  riparian  to  said  river;  and  the  evidence  shows  that  the  defendants 
have  diverted  and  intend  to  divert  the  waters  of  said  river  at  a  point  above  said  land.  The  defendants 
claim  that  the  lands  of  James,  one  of  the  defendants,  are  riparian  to  the  said  river,  and  are  above  the 
lands  of  Miller  &  Lux,  and  that  the  defendants,  therefore,  have  the  right  to  divert  sufficient  water  to 
irrigate  their  riparian  lands.  The  evidence  shows  that  the  lands  claimed  to  be  riparian  lie  on  what  is 
known  as  Fresno  Slough,  which  is  claimed  by  defendants  to  be  a  part  of  the  San  Joaquin  River;  but 
the  evidence  shows  that  it  is  no  part  of  said  river;  that  it  is  a  channel  made  from  the  overflow  from 
Kings  River  during  the  flood  times,  and  that  none  of  the  lands  of  defendant  James  are  riparian  to 
the  San  Joaquin  River.  It  follows,  then,  that  the  contention  of  the  defendant  must  fail  on  that  point. 
The  evidence  in  this  case  is  insufficient  to  enable  me  to  say  at  what  stage  of  the  water  the  defendants 
may  divert  water  from  the  river  without  injury  to  Miller  &  Lux.  When  there  is  an  invasion  of  any 
right  the  presumption  of  law  is  that  a,n  injury  has  been  done,  and  it  devolves  upon  the  defendant  to 
show  that  by  the  acts  complained  of  plaintiff  has  not  suffered  and  will  not  surfer  any  injury.  In  this 
case  there  is  no  question  but  that  the  diversion  of  water  from  San  Joaquin  River  by  defendants  has 
done  injury,  and  it  follows  that  the  defendants  in  this  action  must  show  that  no  injury  can  accrue  to  the 
plaintiffs,  Miller  &  Lux,  or  to  the  intervenor,  J.  J.  Mowrey.  The  defendants  having  failed  to  establish 
that  fact,  I  am  of  the  opinion  that  Miller  &  Lux  are  entitled  to  a  judgment  of  a  perpetual  injunction 
against  the  defendants  in  this  case;  and  this  applies  also  to  the  intervenor,  Mowrey,  and  to  the  San 
Joaquin  and  Kings  River  Canal  and  Irrigation  Company,  in  so  far  as  its  rights  as  a  riparian  owner  are 
concerned  in  this  action.  It  is  therefore  ordered  that  judgment  in  this  case  be  entered — 

(1)  That  the  plaintiff,  the  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company,  take 

23856— No.  100—01 1« 


•_'»•_'  IKKIUATluN     IN\  K-Th.  \ TlnN-     IN     ,    M.IKciUNIA. 

nothing  liy  its  art ii Hi  in  wi  far  n>  its  i-laim  of  riirht  liy  n-uwui  "f  diversion  of  water  from  Sin  .l 
IJixi-r  is  riiiiivrniil;  ami 

That   juilfiniriit   in    favor   of    Milli-r   ,V    l.nx,    an<l    inlcrvciior    Mown-y.    In-    rntcrr.l    against 
ilrfcmlants.  enjoining  them  from  diverting  any  water  out  of  tin-  San  .loaoiiin  Kivi-r;  anil 

(3)  That  jmlniiifiit  IK-  cntiTi-.l  in  favor  .>f  tin-  San  . I. >ai|iiin  anil  Kin;~  Kivcr  Canal  ami    lrriLraU»n 
t'oni|-any.  in  t»t  far  a.-  its  ri-rhl  as  a  riparian  OWIHT  in  this  artion  is  conn-riml,  I'lijoiniiiL1  i-arh  ami  all 
of  the  -li'tVmiant.s  from  ilivertiin:  any  water  out  of  San  .to.i.|iiin  Itiver. 

(4)  That  caeli  party  pay  it.-  o\\  n  .-..-Is  incurred  herein. 

AII  act  of  Congress  of  tin-  year  I  V.'»  make-  it  unlawful  to  build  any  ilam  or  weir, 
or  any  other  structure  which  .-hall  interfere  with  navigation.  across  yr  in  a  navigable 
river  miles-  the  permission  of  the  Secretary  of  War  he  litst  obtained.  The  plaintill' 
in  this  case,  the  San  Joaquin  and  Kings  Hi\«-r  Canal  and  Irrigation  Company,  dnl 
construct  a  weir  acros- San  .loaquin  Kiver  just  In-low  Fresno  Slouch  in  the  vear  l.v.ts. 
and  although  this  weir  has  a  falling  section  at  one  end  designed  to  permit  the  passage 
of  vessel-  up  and  down  stream,  still  the  company  failed  to  establish  to  the  -ati-fac 
tion  of  the  court  that  this  new  dam.  or  jxissibly  the  old  one  which  was  in  use  prc 
viously  and  which  also  hail  a  faHin«,r  section,  was  not  an  inti  .  I'erence  with  navigation 
and  a  public  nuisunce.  The  point  made  by  .lud";e  Webb  in  this  connei  tion  is  that  a 
rijjht  and  a  claim  can  not  be  founded  on  a  wron^.  and  therefore  the  company  claiming 
the  ri^lit  to  divert  water  by  means  of  this  illegally  constructed  dam  hud  no  rijjlit  to 
complain  of  injury  by  iea-on  of  diversion  of  defendants.  It  would  MM-III  that  the 
court  decided  that  no  one  has  the  right  to  divert  water  from  any  navigable  stream 
by  means  of  a  dam  or  weir  which  would  interfere  with  navigation.  This  point  in 
the  decision  covers  broad  ground.  The  riparian  rights  of  the  company,  and  also  of 
Miller  iSc  Lux.  were  apparently  sustained  and  protected.  Tin-  course  is  still  left  open 
to  the  enjoined  defendants  to  brin<,r  suit  against  the  company  and  Miller  X  Lux  to 
determine  the  extent  of  their  riparian  rights,  and  thereby  to  ascertain  if  sutlicient 
water  is  not  left  in  the  river  for  the  tilling  of  the  James  ( 'anal. 

In  March.  I'.MMI.  Miller  i\c  Lux  and  the  San  .loa<|iiin  and  Kin^s  Kiver  Canal  and 
Irrigation  Company  tiled  a  complaint  against  Airm-  Holland,  setting  fortii  irrounds 
of  comphiint  similar  to  those  in  the  last  suit  mentioned  (No.  sf>:;r>).  except  that  the 
dam  and  a  pumping  plant  are  alleovd  to  have  been  erected  on  Fresno  Slough,  a  tribu- 
tary of  the  San  .Ioat]uin.  The  questions  involved  are  very  similar  to  those  in  the 
ca-e  last  mentioned.  The  number  of  the  case  is  '.Hio  I.  FIVMIO  County.  At  the  time 
of  submitting  thi-  report  the  defendant  had  not  answered  in  this  complaint. 

Case  No.  T'.tf.'.i.  September.  l.s'.'T.  William  Low  ry  brought  suit  against  the  San 
.loac|uin  and  Kings  River  Canal  and  irrigation  Company  for  damages  to  a  crop  of 
grain  iM-longing  to  plaint  ill.  caused,  as  alleged,  by  sulimerging  it  by  the  waters 
bucked  ii])  by  defendant-' dam  acros-  the  San  Joaquin.  The  ])leadings  do  not  dis 
4-lose  any  i|ue-tiini-  of  water  rights  or  irrigation,  but  in  the  trial  the  prouf-  \\ere 
largely  in  that  direction.  Judgment  was  rendered  for  plaint!)!'  for (90,000 damage*. 
An  appeal  wa-  taken  and  the  case  is  now  in  the  supreme  court. 

IN  THE  SUPERIOR  COURT  OF  MADERA  COUNTY. 

Maderu  County  was  formed  from  a  jxirtion  of  Fresno  County  in  IS'.I-J.  and  con- 
sequent |y  the  amount  of  litigation  growing  out  of  water  claims  on  the  San  .loaquin 
and  it-  tributaries,  as  conducted  in  thi-  county,  is  comparatively  -mall. 


IRRIGATION    FROM    SAN    JOAQUIN    RIVKR.  248 

An  important  case,  which  at  the  time  my  search  was  made  had  not  yet  been 
tried,  is  that  of  the  Madera  Canal  and  Irrigation  Company  />.  Miller  &  Lux,  the  San 
Joaquin  and  Kings  River  Canal  and  Irrigation  Company,  and  certain  individuals. 
Plaintiff  claimed  right  to  use  of  all  waters  flowing  in  Fresno  River,  and  in  certain 
branches  and  tributaries  the  waters  of  which  have  been  diverted  into  the  channel  of 
Fresno  River,  by  right  of  prior  appropriation  and  use,  said  appropriation  and  use 
dating  back  over  a  period  of  twenty  years.  Plaintiff  also  claims  riparian  rights  on 
Fresno  River.  Plaintiff  states  that  for  some  ten  years  last  past  it  has  concentrated 
said  waters  thus  claimed  at  a  point  in  the  bed  of  Fresno  River  above  a  certain  dry 
channel  or  waterway  known  as  Cottonwood  Creek,  and  that  said  waters  have  been 
permitted  to  How  past  said  dry  channel  and  on  down  to  the  lands  irrigated  by  plain- 
tiff, the  bed  of  Cottonwood  Creek  being  higher  than  that  of  Fresno  River.  The 
complaint  then  charges  defendants  with  lowering  the  bed  of  Cottonwood  Creek  and 
with  removing  plaintiff's  dam  therefrom,  in  order  to  divert  into  the  creek  a  certain 
portion  of  the  waters  of  Fresno  River  flowing  past  that  point.  The  complaint  prays 
for  an  injunction  preventing  this  diversion  on  the  part  of  the  defendants  and  also 
asks  to  be  adjudged  the  owner  of,  and  entitled  to  the  use  of,  all  the  waters  flowing 
in  the  bed  of  Fresno  River.  An  amendment  to  the  complaint  has  been  filed,  setting 
up  the  further  ground  that  Cottonwood  Creek  is  a  false  and  unnatural  water  course 
and  slough.  The  defendants  answer  that  Cottonwood  Creek  is  a  natural  water 
course,  and  further,  that  Miller  &  Lux  have  riparian  rights  thereon.  They  allege 
that  at  certain  times  of  the  year  (probably  during  floods)  a  certain  amount  of  water 
flows  from  Fresno  River  into  and  down  said  Cottonwood  Creek;  and  they  admit 
that  during  the  year  1899,  desiring  to  divert  a  certain  portion  of  the  waters  of 
said  creek  and  of  said  river  for  the  purpose  of  irrigation,  they  did  enter  upon  said 
creek,  and  did  propose  to  divert  said  water,  and  posted  a  notice  to  that  effect  at  the 
intersection  of  Fresno  River  and  Cottonwood  Creek,  claiming  25,000  miner's  inches; 
and  admit  that  they  did  commence  to  enlarge  and  improve  the  channel  of  Cotton- 
wood  Creek.  They  deny  that  they  intended  to  divert  any  water  from  Fresno  River 
which  plaintiff  has  any  right  to  use,  and  promise  that,  if  permitted  to  go  on  with 
their  work,  they  will  not  divert  any  water  to  which  plaintiff  is  entitled,  but  merely 
ask  permission  to  appropriate  water  in  excess  of  the  amount  rightfully  belonging  to 
plaintiff.  Miller  &  Lux  filed  a  cross  complaint  against  plaintiff,  claiming  right  of 
way  over  and  along  Cottonwood  Creek,  and  the  right  to  construct  a  canal  along  said 
right  of  way.  and  charge  that  subsequent  to  its  acquirement  the  plaintiff,  Madera 
Canal  and  Irrigation  Company,  entered  upon  Cottonwood  Creek  and  constructed  a 
dam  therein,  thus  preventing  defendants.  Miller  &  Lux,  from  obtaining  any  water 
from  Fresno  River,  and  pray  that  plaintiff  be  enjoined  from  entering  on  said  right 
of  wax  or  constructing  any  such  dam.  The  Madera  Canal  and  Irrigation  Company 
answered  the  cross  complaint,  reiterating  its  denial  that  Cottonwood  Creek  is  a 
natural  water  course,  and  declaring  that  the  dam  built  by  it  aci'oss  its  mouth  was 
made  only  in  order  to  restore  a  portion  of  its  works  which  had  been  destroyed  by 
defendants.  A  number  of  amendments  to  the  complaints  and  answers  have  since 
been  tiled  by  each  side.  The  California  Pastoral  and  Agricultural  Company  inter- 
vened in  this  suit,  and  claims  that  it  has  riparian  rights  along  the  lower  portion  of 
the  Fresno  River,  and  that  it  claims  the  natural  flow  of  the  river  in  that  locality  for 


1>44  IKItHJATtoN    INVKSTIOATH'N*    IN    CALIFORNIA. 

irrigation  of  it-  land-  ami  tin-  \\aterin«:  of  it-  -lock.  It  also  claim-  that  tlii.-  diver-ion 
of  tin-  water  by  Miller  iSi  Lux  would  infringe  upon  it-  right  ami  prevent  this  in 
lion  and  watering  of  the  -toek.  It  therefore  pray-  for  an  injunction,  preventing 
Miller  &  Lux  from  making  -iich  diversion.  The  case  ha-  not  a-  vet  come  to  trial. 
Hi-re,  as  may  be  seen,  all  parties  claim  riparian  rights,  and  rights  also  by  appropria- 
tion. The  question  at  issue  would  -rein  to  lie  whether  Miller  iSi  Lux.  by  enlarging 
and  lowering  the  channel  of  ( 'oMonw  ood  Creek,  -o  :i-  to  divert  a  greater  amount  of 
water  into  it  from  Fresno  Uiver.  would  so  reduce  the  How  of  the  latter  stream  a-  to 
em-roach  UJMHI  the  rights  of  plaintiff  and  intervenor.  a>  riparian  owners,  and  upon 
the  former  as  prior  appropriatoi -.  The  question  as  to  whether  or  not  Cot  ton  wood 
Creek  is  a  natunil  water  course  is  also  an  important  one. 

The  cose  of  (ioode  v.  The  San  Joaquin  Electric  Company,  irhere  damagee  are 
claimed  by  plaintiff  by  reason  of  diver-ion  of  water  al>o\e  hi-  riparian  lands,  ha- 
been  tried,  decided  in  favor  of  plaintiff,  with  small  damages,  and  has  been  -ettled 
between  the  parties  without  apjx-al  to  the  supreme  court.  In  this  ca-e  Uo<xlc  claimed 
that  the  defendant  company,  by  constructing  a  dam  to  impound  water  with  which  to 
gene-rate  electricity,  had  -hut  off  his  supply  from  the  stream  on  which  he  owned 
riparian  land-,  and  where  he  had  been  in  the  habit  of  watering  his  stock.  The  fact- 
seemed  to  be  established  to  the  satisfaction  of  the  court,  and  small  damage-  were 
awarded. 

The  case  of  the  California  Pa-toral  and  Agricultural  Company  /•.  George  D. 
Bliss  et  al.  (No.  ."«.'•'.' I  came  up  in  I.V.IN.  Plaintiff  claimed  all  the  water  flowing  in 
Chowchilla  Creek,  both  as  riparian  owner  and  by  right  of  actual  use  for  ten  year- 
past;  that  defendants  claimed  some  right  in  said  creek,  and  have  within  the  last  live 
\  ears  built  a  dam  across  the  channel  thereof,  u  Inch  practically  divert.s  all  the  water  of 
said  stream,  except  in  times  of  flood:  and  that  he.  by  means  of  canals,  carries  said 
water  to  another  locality,  and  with  it  irrigate-  land  distant  from  the  channel  of  said 
stream.  Plaintiff  prays  for  £ln.onii  damages,  and  also  to  be  adjudged  the  owner  of, 
and  entitled  to  the  use  of,  Chowchilla  Creek.  I)efemlant  George  I).  Bliss  answers 
that  Chowchilla  Creek  is  a  natunil  channel  down  to  the  point  where  it  empties  into 
Ash  Slough,  and  that  even  in  time-  of  freshet  ;i  large  portion  of  the  water  of  Chow 
chilla  Creek  Hows  into  and  down  A-h  Slouch,  and  that  the  only  water  which  How- 
down  the  lied  of  Chowchilla  Creek  below  that  point  is  either  superfluous  Hood  water 
or  water  which  is  discharged  in  Chowchilla  Creek  by  artificial  mean-,  that  is.  the 
water  which  is  turned  back  into  the  Chowchilla  from  A-h  Sloujjh  by  the  Sierra  Yi-ta 
Vineyard  Company  for  the  purpo-e  of  irnjratin^  land-  owned  by  it  bordering  on 
the  Chowchilla.  Defendant  then  set-  up  a  claim  to  water  from  the  Chowchilla  a-  a 
riparian  owner,  and  claim-  that  he  ha-  maintained  a  dam.  known  a-  Montgomery  Dam, 
acros-  the  Chowchilla.  from  ls7s  to  lv.il.  for  the  purpo-e  of  divcrtinjr  water  for  the 
irrigation  of  his  land-,  and  has  turned  back  into  the  ( 'how chilla  all  water  not  absorbed 
in  his  process  of  irrigation.  He  state-,  further,  that  ever  since  IsT*  defendant  and  his 
grantor-  have  claimed  and  u-ed  said  water,  advcr-cly  to  plaintiff,  and  with  plamtiff'- 
knowledjjc;  and  that  since  the  erection  of  a  dam  by  defendant,  in  IN!*.'!,  said  defend 
ant  ha-  continued  to  divert  said  water  and  u-e  it  for  purpo-e-  of  irrigation,  a-  he  ha- 
:i  i  i'_rht  to  do;  and.  further,  that  if  all  the  water  of  the  -(ream  were  permitted  to  run 
pa-t  thi-  dam  in  -ection  L".I  and  down  to  Montgomery  Dam.  -o  called,  in  section  '.'<\. 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  245 

the  loss  by  evaporation,  etc.,  would  be  so  great  that,  after  the  proper  use  of  the  water 
by  defendant  for  irrigation,  no  water  would  be  left  to  pass  on  down  the  channel  of  the 
Chowchilla.  He  adds  that  during  times  of  freshets  there  is  abundance  of  water  flow- 
ing in  the  Chowcbilla  throughout  its  entire  course,  and  prays  that  the  court  adjudge 
defendant  entitled  to  the  use  of  all  said  water  except  in  times  Jof  freshets,  and  that 
plaintiff  be  adjudged  entitled  to  no  water  from  said  stream  except  in  time  of  fresh- 
ets. This  is  a  case  of  dispute  between  two  riparian  owners  on  the  same  stream,  and 
is  a  question  as  to  how  much  of  the  waters  of  the  stream  the  first  owner  is  entitled  to 
divert  and  use.  Another  question  also  arises,  whether  his  construction  of  a  second 
dam,  farther  up  the  stream,  tends  to  materially  diminish  the  flow  of  water  below  his 
lands.  This  case  illustrates  very  strongly  the  benefit  that  would  accrue  along  the 
Chowchilla  by  the  storing  and  proper  distribution  of  its  flood  waters. 

IN  THE   SUPERIOR   COURT  OF  MERCED   COUNTY. 

The  suit  of  J.  J.  Stevenson  v.  San  Joaquin  and  Kings  River  Canal  and  Irrigation 
Company  (No.  1767)  is  apparently  the  complaint  of  a  riparian  owner  and  canal  cor- 
poration, entitled  to  take  water  from  San  Joaquin  River  for  irrigation  purposes, 
against  another  appropriator  whose  lands,  plaintiff  claims,  are  not  riparian  to  the 
river.  The  defendant  has  erected  a  dam  across  the  San  Joaquin  above  the  land  of 
plaintiff,  has  diverted  water  thereby,  and  has  not  returned  it  to  said  river,  whereby 
plaintiff  claims  to  be  damaged  to  the  extent  of  $10,000,  and  prays  for  an  injunction 
preventing  defendant  from  interfering  with  the  flow  of  said  stream.  Defendant 
denies  the  claim  of  plaintiff  to  the  use  of  the  water,  dating  back  to  1871,  and  claims 
prior  right  to  the  use  of  said  water,  and  also  declares  that  plaintiff  is  estopped  from 
bringing  action  by  section  31S,  code  of  civil  procedure,  and  by  section  319,  Subdi- 
vision II,  and  section  338.  This  case  has  not  yet  come  to  trial. 

IN  THE   SUPERIOR  COURT   OF   MARIPOSA   COUNTY. 

In  the  vear  moo  a  suit  was  brought  in  the  superior  court  of  Mariposa  County 
l>\-  John  R.  Hite  against  the  Madera  Canal  and  Irrigation  Company.  He  charges 
the  company  with  diverting  the  waters  of  Big  Creek  and  Ray  nor  Creek  so  that 
they  no  longer  empty  into  the  Merced  River,  on  certain  forks  of  which  Kite's  lands 
arc  riparian.  He  states  that  prior  to  the  alleged  diversion  by  defendant  plain- 
tiff used  the  waters  of  the  South  Fork  of  Merced  River  for  power  and  irrigation; 
that  one  of  the  tributaries  of  said  South  Fork  of  Merced  River  is  a  stream  known  as 
Big  Creek,  and  that  one  of  the  tributaries  of  the  said  Big  Creek  is  a  stream  called 
Raynor  Creek.  That  defendant  has  a  dam  on  Big  Creek,  by  means  of  which  certain 
of  its  waters  are  diverted.  Plaintiff  avers  that  Raynor  Creek,  when  flowing  in  its 
natural  course,  empties  into  Big  Creek  at  a  point  below  this  diverting  dam;  but  that 
defendant  has  constructed  a  ditch  from  Raynor  Creek  to  a  point  in  Big  Creek  above 
its  diverting  dam,  thereby  taking  its  waters  and  preventing  their  flowing  in  their 
natural  course  down  to  the  lands  of  plaintiff;  and,  further,  that  defendant  has 
constructed  a  ditch  connecting  Big  Creek  with  Fresno  River,  and  now  divert  the 
waters  of  Big  Creek  into  said  river  instead  of  allowing  them  to  return  to  Merced 
River,  of  which  Big  Creek  is  a  natural  tributary,  and  on  the  South  Fork  of  which 
plaintiff's  lands  are  situated.  He  prays  for  damages,  and  that  defendant  be  made 


IKISKlATIllN     INN  I  -TIiiATInN-     1\     i    \  I.I  I  '  >K  M  A. 

l»  de-i-t    from  -ueh   diver-ion   of    water.     The   an-wcr   to  thi>   complaint  slate-,  in 
i,  that  plaintitl'. abandoned  the  u-r  of  said  water  about  twenty  yean  ago,  and  lia>. 

therefore,  lot  hi.-  claim  thereto,  and.  further,  that  tin-  defendant  ha-  liecn  u.-inj_r 
contiiiuouslv  -aid  water  during  tlie  pa-t  fifteen  year-.  Thi-  i-  a  conflict  between  a 
riparian  elaiinant  and  an  Bppropriator  and  diverter  of  water  from  it-  natural  eour-e. 
at  a  (mint  above  the  land  of  the  riparian  owner.  by  an  irrigation  company.  A-  lioth 
|»artie.- al-o  claim  i-ertain  rights  by  appropriation  and  u-ajje.  the  proof  will  neces 
siirily  have  to  j^o  toward  the  establishment  of  priority  of  claim  and  actual  u-e  of 
water,  a-  well  a-  toward  the  adjudication  of  the  riparian  ri^fhl  of  the  owner.  'I'lie 
i|iie-tion  ari-e-.  al-o.  ('an  a  riparian  owner  forfeit  hi-  ri^ht  by  disn-e  '. 

It  will  In-  noticed  that  the  majority  of  these  case-  are  -till  in  court,  and  the 
questions  raised  still  undecided.  While  probably  other  ca-es  involving  similar 
que-tion-  have  lieen  tried  and  decided  in  other  -cction-  of  the  State,  .-till  in  the  actual 
trial  of  each  individual  suit  many  new  jxiints  ;iri-c  <-au-iiiu-  it  to  differ  materiallv 
from  any  other  on  record.  It  would  Ite  extremely  dillicult.  a-  well  as  iinwi-e.  to 
attempt  to  (|ilote  decisions  already  Driven  in  cases  parallel  as  to  pleadings,  hut  perhap- 
diffcrin^  in  e.-s .•ntial  facts  from  tlie-e  still  unadjudicated  oases. 

INVESTIGATIONS  IN  THE  FIELD. 

My  tield  work  con-i-ted  in  in-peetint'  the  canal  -ystem-  of  the  companies  now 
takini;  their  water  from  San  .loaquin  Hiver.  Fresno  River,  and  ( 'howchilla  Creek:  in 
surveying  and  inappini;  the  streams  at  and  near  the  sites  of  the  headjrates  of  the 
-everal  eanals:  in  measuring  and  photographing  the  structure-,  and  in  ^ajrin^  tlie 
flow  of  the  principal  canal-  (,1'ls.  XXI,  XXII.  XXIII). 

CANALS  ON  SAN  JOAQUIN  RIVER. 

All  the  ditches  or  canals  taking  water  from  S:m  ,Foai|iiin  River  are  made  entirely 
in  cut  or  excavation,  no  tunnels  or  flumes  lieinif  required  in  the  flat  river  liottom. 
The  hea<l{j«tes,  ditche-.  st opiate.-,  and  weirs  generally  arc  of  timber,  and  are  eon- 
structed  in  the  usual  form. 

rri-Ki:  SAN  JOAQI  IN  IJIVK.H  <  \N\I    «i\\v\\\. 

The  -y-lcm  of  this  company  was  de.-i^ned  to  irrigate  the  lands  of  the  higher 
plains  at  and  near  Ilerndon.  belon^inir  to  the  Bank  of  California  and  others,  as  well 
as  to  water  the  bottom  land-  of  the  river  between  its  hijjli  banks  from  Hamptonville 
a-  far  a-  point-  some  mile-  below  Ilerndon.  It-  head^ate  was  on  (he  left  or -oiith- 
easterly  bank  of  the  stream,  just  above  a  weir,  about  :nin  fret  lony.  which  ran  entirely 
ai  ro—  the  river  at  a  point  one-half  mile  below  Hamptonville  (now  1'olla-ky).  The 
canal  and  irrigation  scheme  was  a  complete  failure,  the  weir  bciii}_>-  repeat edlv  broken 
down  in  spite  of  e\ten-i\c  and  <-o-tl\  repair-,  and  the  canal  cut  out  and  washed  awav 
by  lateral  water  courses  or  through  «.--oi)her  or  squirrel  holes  in  the  side  hill  levee-. 
In  fss"  the  work  wa-  abandoned.  The  area  to  have  been  served  ha-  -ince  been  sup 
plied  with  water  brought  through  ditches  from  the  Kin^-  Rixer. 


U.  S.  Dept.  of  Agr.,  Bui.  100,  Office  of  Expl.  Stations.      Irrigation  Investigations. 


PLATE  XXI. 


U.  S   Dept.  of  Agr.,  Bui.  100,  Office  of  Expt.  Stations.     Irrigation  Investigations. 


PLATE  XXII. 


r 


U.  S.  Dept.  of  Agr.,  Bui.  100,  Office  of  Expt.  Stations.     Irrigation  Investigations. 


PLATE  XXIII. 


CANAL  SCENES. 


IRRIGATION    FROM'   SAN    JOAQUIN    RIVER.  247 

THE    ALISO   CANAL. 

This  canal  belongs  to  Miller  &  Lux.  Its  water  is  used  exclusively  for  the 
irrigation  of  wild  grasses  on  lands  belonging  to  that  corporation.  It  has  no  dam  or 
headgate;  the  bottom  of  the  canal  at  its  head  was  made  lower  than  the  bed  of  the 
San  Joaquin,  so  that  no  dam  or  weir  is  necessary.  Construction  was  begun  in  1899, 
and  the  canal  is  not  yet  finished.  It  diverts  water  from  the  right  bank  of  the  river, 
in  sec.  17,  T.  13  S.,  R.  16  E.,  from  which  point  it  has  been  completed  for  a  distance 
of  6  miles.  It  serves  about  3,000  acres. 

THE    CHOWCHILLA   CANAL. 

This  canal  is  the  property  of  the  California  Pastoral  and  Agricultural  Company 
and  Miller  &  Lux,  and  irrigates  their  lands,  principally  for  the  production  of  alfalfa, 
cereals,  and  wild  grasses,  and  for  the  pasturage  of  cattle.  It  heads  below  Aliso  Canal, 
in  sec.  30,  T.  13  S.,  R.  16  E.,  and  uses  Lone  Willow  Slough  for  the  first  3  miles  from 
the  river.  The  length  of  the  main  canal  is  about  24  miles,  with  14  miles  of  branches. 
The  maximum  capacity  of  the  main  canal  is  120  cubic  feet  per  second,  -and  it  serves 
on  an  average  8,380  acres  each  year.  The  canal  was  built  in  1872,  at  a  cost  of 
$120,000.  No  water  is  sold  from  this  canal.  It  is  in  use  throughout  the  year, 
excepting  sometimes  in  August  and  September,  when  water  is  not  available.  This 
company  made  no  formal  appropriation  of  water,  but  holds  its  right  by  constant  use 
since  1872.  It  is  now  in  litigation  with  George  D.  Bliss  and  George  D.  Bliss,  jr. 
(See  PI.  XXIII.) 

THE   BLYTH   CANAL. 

This  canal  is  still  farther  down  the  river,  on  the  same  bank.  It  is  a  new 
construction,  made  in  1897.  It  has  no  dam  or  weir  for  diversion,  and  takes  water 
from  the  river  only  in  its  highest  stages.  It  is  used  exclusively  to  irrigate  wild  grass 
lands  on  Chowchilla  Ranch,  and  is  the  property  of  the  California  Pastoral  and 
Agricultural  Company.  It  carries  400  cubic  feet  of  water  per  second  for  0.75  of  a 
mile,  and  discharges  it  into  the  dry  trough  of  the  Fresno,  where,  by  means  of  a  series 
of  six  strong  check  levees,  4  to  6  feet  high  and  1  mile  apart,  the  water  is  spread  over 
the  adjacent  plains.  About  9,000  acres  of  wild  grass  lands  thus  irrigated  furnish 
pasturage  for  large  herds  of  cattle.  The  cost  of  the  canal  was  $2,400,  and  that  of 
the  checks  and  levees  in  Fresno  River  was  $25,000. 

THE   EAST    SIDE   CANAL. 

v. 

This  canal  is  sometimes  called  the  Stevenson  &  Mitchell  Canal.  It  diverts  water 
from  San  Joaquin  River  in  sec.  16,  T.  9,  R.  12  E.,  about  14  miles  southwest  of  the 
town  of  Merced.  Water  is  diverted  by  means  of  a  temporary  brush  and  sand-bag 
dam.  Its  length  is  about  20  miles.  It  has  a  capacity  of  200  cubic  feet  per  second, 
and  irrigates  a  maximum  area  of  2,500  acres,  mostly  in  wild  grasses,  alfalfa,  and 
grains.  It  has  six  weirs  along  its  length  to  govern  the  flow  of  the  water,  and  also  36 
waste  gates  to  provide  for  the  passage  of  drainage  water  that  comes  down  the  gulches 
running  across  the  line  of  the  canal.  The  canal  was  built  in  1887-88,  at  a  cost  of 
$80,000.  A  suit  over  water  rights  between  this  company  and  the  San  Joaquin  and 


248  IKRIGATION    IN\  KSTKSATK'NS    IN    i    \  I.I  I  •<  >IIN  I  \. 

Kings  Kivcr  ('mini  and  Irrigation  Company  and  Miller  X  Lux,  a  corporation.  is  now 
pending  in  the  rourts.  and  is  discussed  in  this  report  under  the  head  of  litigation 
(page  245). 

Till      .1  \M|s    CANAL. 

The  James  Canal  Company  i>  I  lie  successor  to  tlie  Kntcrprisc  Canal  and  Irriga 
tion  Coin{)uny.  Their  canal  is  the  upper  one  on  the  left  or  southern  hank  of  San 
.loaijiiin  Kiver.  now  in  o|»>ration.  and  carries  \\at.-r  upon  the  Mat  bottom  lands  <t\'  the 
valley  in  the  region  between  San  .loaquin  Kivcr  and  Fresno  Slouch  and  on  the  south 
of  the  latter  stream.  It  heads  in  San  .loaquin  Kiver  about .14-  miles  abov  e  ils  jnnct  ion 
with  Fresno  Slough,  and  receives  water  only  during  high  stages  of  the  river.  The 
main  canal  is  L".I  miles  long  and  has  11  miles  of  branches.  It  carries  L'OO  cubic  fed 
of  water  jx-r  second,  and  has  served  a  maximum  area  of  fi'.r,;>u  acres  in  grain,  alfat'a. 
and  grasses.  Construction  began  in  Isss.  and  the  canal  i<  not  yd  completed.  The 
cost  has  IMM-II  £:!.">. ooo.  (See  I'l.  XXI.)  This  company  is  at  present  involved  in 
litigation  over  water  rights  with  the  San  Joaquin  and  Kings  Kiver  Canal  and  Irriga- 
tion Company  and  Miller  <&  Lux.  a  corporation,  under  the  name  of  the  Knterprisc 
I  'anal  and  Land  Company,  and  is  enjoined  by  the  court  from  making  use  of  its  canal. 
This  litigation  has  already  been  discussed. 

THE  IRRIGATION  SYSTEM  OK  THE  SAN  JOA^iriN  AND  KIXOS  KIVKK  CANAL  AND  IKUICATION 

COMI'VN^  . 

This  is  the  largest  irrigation  system  on  the  river.  (I'l.  XXII.)  It  takes  it- 
water  from  that  stream  and  from  Fresno  Slouch,  and  liy  means  of  them  supplies  water 
to  the  other  canals  of  the  system  lower  down  the  valley,  namely,  the  Outside  Canal. 
the  Parallel  Canal,  and  the  Dos  1'alos  Colony  Canal,  and  their  liranches.  .Iu-1  below 
the  headgate  of  the  "Old  Canal"  a  tine  new  weir  of  the  latest  type  has  recently  been 
constructed.  On  its  southerly  end  is  a  gate  or  falling  dam.  which  can  be  lowered  flat 
on  the  lx>ttom  of  the  stream,  thus  permitting  the  passage  of  boats  up  and  down  the 
river.  (PI.  XXI).  Some  such  arningement  is  required,  as  the  stream  has  been  declared 
by  the  Tnited  States  a  navigable  stream  far  above  this  point.  The  old.  or  main  canal, 
ua-  originally  constructed  with  the  idea  of  using  it  for  navigation  as  well  as  for  irri- 
gation, but  this  >tivam  was  afterwards  abandoned  on  the  ground  of  expense  of  con- 
struction and  operation.  The  main  canal,  built  in  IsTi'.  heads  in  San  .loaquin  Kiver 
at  its  junction  with  Fresno  Slough  (PI.  XXI),  and  follows  down  the  va'lcy  on  the  west 
side  of  the  river,  for  a  distance  of  76  miles,  to  a  point  opposite  \Vestley.  in  Stanislaus 
County.  The  canal  has  a  bottom  width  of  .Vi  feet,  a  maximum  depth  of  •;  feet,  and 
a  grade  of  1  foot  per  mile.  Its  estimated  capacity  i-  nun  cubic  feet  per  second. 
China  Slough  Canal  diverts  water  from  Fresno  Slough  about  !..">  miles  above  the  head 
of  the  main  canal  (PI.  XXI).  and  empties  into  the  main  canal  near  its  head.  This  canal 
lias  about  the  same  dimensions  as  the  main  canal.  It  was  constructed  in  IV.'T  '.'s.. 
Outside  Canal  takes  water  from  the  main  canal  on  the  west  side  about  L'. f>  miles 
below  its  head,  and  practically  parallels  the  main  canal,  at  a  distance  of  about  1  mile. 
for  37  miles  down  the  valley,  to  Los  Itmios  ('reek.  It  wa~  const  ructed  in  I.S'.M;  '.'7. 
Its  lK)ttom  width  is  ;">()  feet,  its  depth  •>  feet,  and  its  grade  1  foot  to  X  miles.  The 
capacity  i~  :;."ii>  cubic  feet  per  second.  Parallel  Canal  is  taken  out  of  the  east  bank 


IRRIGATION    PROM    SAN    JOAQUIN    RIVKR.  249 

of  the  main  canal  11  miles  below  its  head  and  about  4  miles  below  Firebaugh.  It 
follows  the  line  of  the  main  canal  on  the  east  side  for  a  distance  of  27.5  miles.  It  is 
35  feet  wide  on  the  bottom,  4  feet  deep,  and  has  the  same  grade  as  the  main  canal — 
1  foot  per  mile.  Dos  Palos  Colony  Canal,  built  in  1878,  takes  water  from  the  main 
canal  on  the  east  side  i)  miles  below  the  head  of  Parallel  Canal.  It  is  11.04  miles 
long,  has  a  bottom  width  of  40  feet,  depth  5  feet,  and  runs  on  a  grade  of  1  foot  per 
mile.  It  carries  7!KI  cubic  feet  per  second.  Its  water  is  distributed  through  four 
branches,  .it).  Hi.  Hi,  and  10  feet  wide  on  the  bottom,  respectively,  and  each  having  a 
<!(•])( li  of  4  feet.  The  cost  of  the  canal  and  its  branches  was  $26,500.  The  canals  of 
the  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company  are  used  for  the 
irrigation  of  grain,  alfalfa,  and  wild  grasses.  The  cost  of  the  entire  system  of  canals 
and  branches  was  $1,167,805.  The  company  owns  no  lands  other  than  its  right  of 
way,  and  sells  its  water  to  the  farmers  along  the  valley,  and  principally  to  Miller  & 
Lux,  who  own  the  controlling  interest  in  the  company. 

In  direct  connection  with  the  system  Miller  &  Lux  use  Poso  Slough,  Temple 
Slough,  and  Santa  Rita  Canal  as  means  to  take  water  from  San  Joaquin  River  to 
irrigate  their  own  ranches  and  pasture  lands  in  the  "delta  district"  below  the  old 
canal,  some  15  miles  below  its  head. 

This  company  and  Miller  &  Lux  have  had,  during  the  past  few  years,  consid- 
erable litigation  over  water  rights  on  San  Joaquin  River  and  over  riparian  rights  as 
against  rights  by  appropriation. 

This  completes  the  list  of  canals  inspected  by  the  writer  which  take  water  from 
the  San  Joaquin. 

Recently  Fresno  and  other  cities  of  the  upper  valley  have  advocated  the  con- 
struction of  a  ship  canal  to  follow  in  a  general  way  the  line  of  the  river,  Fresno 
Slough,  and  the  lowest  line  of  the  valley,  past  Fresno,  toward  Bakersfield.  It  is 
said  that  the  large  canal  companies  have  offered  to  cooperate  in  forwarding  this 
scheme.  Of  course  the  United  States  Government  would  have  a  controlling  voice 
in  this  matter  as  far  as  any  interference  with  the  navigability  of  the  San  Joaquin  is 
concerned  or  affected.  Nothing  definite  has  as  yet  resulted  from  this  proposition. 

CANALS  ON  FRESNO  RIVER. 

There  is  but  one  system  of  canals  deriving  its  water  from  Fresno  River,  namely, 
that  owned  by  the  Madera  Canal  and  Irrigation  Company.  On  this  line,  running 
through  hilly  and  rocky  country  for  a  portion  of  its  length,  there  are  numerous  rock 
cuttings  and  many  flumes.  The  canal  is  usually  "in  cut"  or  excavation,  and  its 
structures  are  of  the  ordinary  type.  The  company  makes  use  of  the  bed  of  the  river 
for  a  considerable  distance  as  its  main  channel.  The  company  irrigates  the  Adobe 
Ranch,  about  10  miles  easterly  from  the  town  of  Madera,  and  some  10,000  or  15,000 
acres  of  land  in  and  near  the  Howard  &  Wilson  Colony,  southerly  from  the  same 
town.  The  canal  was  built  in  1873-74,  at  a  cost  which  has  been  capitalized  at  $400,000. 
(See  PI.  XXIII.) 

This  company  is  in  litigation  over  water  rights  with  the  San  Joaquin  and  Kings 
River  Canal  and  Irrigation  Company  and  Miller  &  Lux,  a  corporation,  and  also  with 
John  II.  Hite,  of  Mariposa  County.  These  cases  are  discussed  under  the  head  of 
litigation. 


250  IRRIGATION    INVESTIGATIONS    IN    CALIFORNIA. 

CANALS  OX  CHOWCHILLA  CREEK. 
THK    MKi;i;\    VI8TA    MM.V\i:i«    r<>MP\NY. 

This  company  makes  use  of  the  bed  of  Chowchilla  Creek,  in  the  vicinity  of 
Miiiturn,  on  the  Southern  Pucitic  Hailroad,  as  u  storage  reservoir,  by  means  of 
a  ilaiu  Imilt  aero—  tlic  -tivam  from  Imnk  to  Iwink,  and  draws  water  from  aln>\c  it 
into  the  canals  on  cither  side  of  the  creek.  Those  irrigate  orchards,  vineyards,  and 
alfalfa  land-  Ix-longiug  to  the  company. 

1 : 1 .1 .--   CANAL. 

In  a  similar  manner,  lower  down  on  the  Chowchilla,  George  D.  Bliss  and  George 
D.  Bliss,  jr.,  use  two  dams  in  the  bed  of  that  stream  to  till  small  canals  and  irrigate 
»evcral  thousand  acre's  of  their  ranch  in  that  vicinity.  They  are  engaged  in  litigation 
with  the  California  Pa-toral  and  Agricultural  Company  over  riparian  rights  on 
Chowchilla  Creek.  Tlii-  i-a-e  U  discu.-sed  under  the  head  of  litigation. 

DISTRIBUTION  OF  WATER  AMONG  CANALS. 

The  waters  of  San  .loaquin  River  are  divided  among  the  several  canals,  not  by 
mutual  agreement  among  the  owners  or  by  direction  and  control  of  any  board  having 
authority  or  any  State  official,  but  simply  by  being  taken  under  the  law  prescribing 
the  manner  and  method  of  appropriating  waters  for  irrigation  or  other  useful 
purposes. 

No  report  of  the  progress  of  the  proposed  works  nor  of  their  completion  i- made 
or  required  subsequent  to  the  time  of  recording  the  appropriation,  nor  of  use  of  the 
water  claimed  at  any  time.  The  facts  in  the  case  must  be  ascertained,  if  at  all.  by 
private  investigation.  The  difficulty  of  obtaining  such  information  can  not  lx> 
appreciated  except  bv  one  having  made  the  attempt.  This  data  is  readily  obtained 
from  cnnal  companies  in  actual  operation,  in  so  far  as  possessed  by  them,  but  is  out 
of  sight  and  out  of  reach  in  the  many  cases  where  records  of  appropriation  have  been 
made  but  the  water  not  used. 

The  law  places  no  limit  upon  the  quantity  of  water  which  may  lie  claimed  in  this 
manner.  The  statutes  prescribing  the  method  of  appropriation  lead  to  the  condition 
of  "  first  come,  tirst  served,"  but  this  is  tempered  by  the  necessity  of  actual  use  for 
some  beneficial  pnr]>o-e  and  also  by  the  vested  rights  of  riparian  owners. 

The  Chowchilla  Canal,  owned  by  the  California  Pastoral  and  Agricultural 
Company,  has  made  no  tiling,  but  claims  its  rights  by  virtue  of  u-c  since  1  >?•_'.  The 
maximum  intake  of  the  Chowchilla  Canal  is  li'o  cubic  feet  per  second.  With  this 
exception  all  the  canals  and  companies  previously  described  base  their  claims  for 
water  from  the  streams  enumerated  upon  claims  tiled,  and.  in  some  instance-,  upon 
riparian  right-  al-o. 

No  record  of  appropriation  of  water  for  the  Aliso  Canal  has  been  discovered  by 
the  writer,  and  its  claim  i.-  probably  based  upon  the  riparian  rights  of  its  owner-. 
Miller  it  Lux. 

The  Hlvth  Canal  has  claimed  for  its  use  1,000  cubic  feet  (per  second  M  under 
a  4-inch  prc--ure.  Its  maximum  intake  is  400  cubic  feet  per  second. 

The  Eaat  Side  Canal  Company  claim- :J4.">. ooo  miner'.-  inches  under  a  1-inch  pre-- 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  251 

ure,  or  6,900  cubic  feet  per  second.  The  maximum  intake  of  the  canal,  claimed  for  it 
by  its  president,  is  2oo  cr'.ic  feet  per  second. 

The  James  ( 'anal  Company  (formerly  known  as  the  Enterprise  Canal  and  Land 
Company)  claims  ."100.000  minor's  inches,  under  a  4-inch  pressure,  or  10,000  cubic 
feet  per  second.  The  maximum  How  claimed  for  this  canal  is  200  cubic  feet  per 
second. 

The  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Companj'  for  its  several 
canals  claims  from  San  Joaquin  River  and  Fresno  Slough,  near  the  junction  of  the 
two  streams,  an  aggregate  of  165,000  miner's  inches  under  a  4-inch  pressure,  or  3,300 
cubic  feet  per  second,  and,  in  addition  to  this  quantity,  "all  the  water  in  the  river" 
at  Firebaugh.  The  maximum  intake  claimed  for  their  canal  is  1,400  cubic  feet  per 
second.  In  addition  to  these  filings  Miller  &  Lux  claim  their  rights  as  riparian 
owners  to  an  amount  as  yet  indefinite  and  unadjudicated.  They  also  use  the  waste 
and  seepage  waters  from  these  canals  and  the  flood  waters  of  the  river  to  fill  Poso  and 
Temple  sloughs  and  Santa  Rita  Canal,  for  the  irrigation  of  their  own  ranches  in  that 
district,  and  to  flood  their  wild  grass  lands  adjacent  thereto.  The  maximum  intake 
of  all  these  canals,  with  the  exception  of  the  latter  group  belonging  to  Miller  &  Lux, 
amounts  to  2,460  cubic  feet  per  second,  so  that  we  see  that  on  this  river,  whose  mean 
delivery,  according  to  the  recorded  gagings  of  it,  is  2,448  cubic  feet  per  second,  we 
have  claims  made  by  the  owners  of  canals  now  in  operation  aggregating  21, 320  cubic 
feet  per  second  plus  "all  the  water  in  the  river  at  Firebaugh"  plus  the  riparian 
rights  claimed  by  Miller  &  Lux  plus  the  flood  waters  claimed  for  their  ranches. 

We  see  from  this  comparison  that  the  mean  flow  of  the  river  has  apparently 
been  reached  by  the  actual  consumption  on  the  part  of  existing  canals,  and  that  the 
claims  to  water  by  the  companies  in  actual  operation  are  nearly  ten  times  the  amount 
of  the  mean  flow.  Evidently  the  irrigated  area  in  this  part  of  the  State  may  be 
extended  only  by  more  skillful  and  economical  use  of  the  waters  now  available,  and 
by  extensive  storage  in  the  seasons  of  flood  flow.  The  unfortunate  lack  in  this  State 
of  a  board  of  water  administration,  together  with  the  existing  loose  laws  relating  to 
appropriations,  naturally  leads  to  such  a  condition  of  affairs  as  that  above  described, 
and  to  over-recurring  litigation. 

The  Mad  era  Canal  and  Irrigation  Company  is  the  only  one  taking  water  from 
the  Fresno.  Ac-cording  to  the  records  of  Fresno  and  Madera  counties,  it  has  filed  on 
a  total  of  408,000  miner's  inches,  or  8,160  cubic  feet  of  water  per  second.  Of  this 
quantity  6,000  miner's  inches  are  claimed  from  Big  Creek  and  10,000  miner's  inches 
from  Raynor  Creek,  a  natural  tributary  of  Merced  River.  The  flow  of  the  river,  as 
has  been  shown,  at  its  greatest  mean  monthly  discharge  is  1,632  cubic  feet  per  second, 
so  that  the  amount  claimed  from  this  stream  and  its  tributaries  is  five  times  the 
greatest  mean  monthly  flow  and  nearly  forty-nine  times  its  annual  mean  flow  of  167 
cubic  feet  per  second.  The  company  claims  a  maximum  intake  for  its  canal  of  800 
cubic  feet  per  second. 

The  Sierra  Vista  Vineyard  Company  has  claimed,  by  "ecord,  from  the  waters  of 
Chowchilla  Creek  24,000  miner's  inches,  or  480  cubic  feet  __  er  second. 

The  waters  claimed  by  George  D.  Bliss  and  George  D.  Bliss,  jr..  for  their  dams 
and  canals  on  Chowchilla  Creek,  below  the  Sierra  Vista  Vineyard  Company,  are 
.">,000  miner's  inches  plus  the  water  rights  of  their  predecessor,  J.  M.  Montgomery, 
a  record  of  whose  claims  the  waiter  has  been  unable  to  discover. 


•_».".•_'  IKHH.  \  TI.'N     1N\  I  ---I  I"  \TInN-     ]N     ,    M.ll  ••nlJNIA. 

DISTRIBUTION   OF   WATER  AMONG   IRRIOATORS. 

In  no  one  of  tin-  systems  de-cribed  is  tin-  water  mea-ured.  but.  when  sold,  is 
dealt  out  by  (lie  superintendent  of  the  canal  in  ainount  sutlicient  to  satisfy  the  irri- 
gate r.  \vlio  is  charged  so  much  per  acre  irrigated.  Both  the  company  selling  the 
water  and  the  fanner  Inlying  i'  admit  that  the  water  would  be  used  more  wisely  and 
economical  I  v  if  sold  by  measure,  hut  eaeh  party  to  the  contract  objects  to  the  measure- 
ment of  water  the  comjmnv  on  the  ground  that  the  measurement  would  take  too 
much  time  and  trouble,  and  the  irrigator  because  he  feels  that  lie  would  not  be 
treated  as  liberally  as  ;it  present.  The  writer  doe-  not  doubt  that  the  -ale  of  water 
by  measurement  would  lead  to  a  greatly  improyed  system  of  conducting  the  water  to 
the  lands  and  applying  it  to  them,  as  well  a-  to  much  more  skillful  and  economical 
use  of  it:  and  would,  undoubtedly,  greatly  increase  the  duty  of  water  in  this 
district. 

The  water  of  the  Hast  Side  Canal  is  almost  exclusively  used  upon  the  Stevenson 
and  Mitchell  lands  at  its  extremity.  A  small  quantity  is  sold  to  farmers  in  the 
vicinity.  Kadi  farmer  draws  off  the  quantity  thai  he  believes  his  fields  need,  and 
pavs  for  it  in  cash,  the  charge  being  %2  per  acre  irrigated,  or  *•_'.. ~>n  if  the  water  is 
not  contracted  for  before  the  1st  of  January.  The  canals  and  gates  are  under  the 
control  of  a  sujxM-intcndent,  but  all  small  irrigating  ditches  moflt  be  constructed  by 
the  farmers  at  their  own  expense. 

The  San  Joaquin  and  Kings  River  Canal  and  Irrigation  Company  -ells  its  water- 
to  anyone  wishing  to  purchase  them.  The  public  water  rates  of  the  company  for  the 
year  of  1900  are  as  follows  for  any  part  or  all  the  season  between  July  1  and  the 
following  June  30:  For  alfalfa,  $2. 50  per  acre;  for  cereals  and  corn.  *L'  per  acre:  for 
orchards  and  vineyards,  $2.50  per  acre:  for  market  gardens.*."!  per  acre;  for  water 
supplied  l»etween  July  1  and  September  1,  for  second  crops  of  any  kind  except 
alfalfa.  $1  per  acre.  Lower  rates  than  these  have  been  established  in  Stanislaus 
County  by  the  board  of  .supervisors,  but  their  authority  in  this  respect  is  now  being 
contested  in  the  courts  by  the  company. 

The  irrigation  water  from  the  San  Joaquin  and  Kings  River  Canal  and  Irrigation 
Company  is  supplied  upon  the  written  request  of  the  irrigator.  and  under  the  -uper- 
vision  of  the  canal  superintendent:  and  is  sold  at  ,-o  much  per  acre,  the  quantity 
supplied  being  sufficient  to  satisfy  the  irrigator. 

The  sale  of  water  by  the  Madera  Canal  and  Irrigation  Company  is  conducted 
differently  from  that  of  the  others.  Water  rights  are  sold  to  subscribers  or  stock- 
holder-at  *."i  per  acre.  The  owners  of  these  rights  then  pay*!  per  acre  per  year 
for  the  u-e  of  the  water.  Nonstockholders  pay  *I  per  acre  for  the  first  irrigation  of 
their  land,  and  $1.50  per  acre  for  each  subsequent  irrigation.  The-e  latter  rate-  for 
nonstockholders  were  ordered  by  the  Madera  County  board  of  supervisors  in  Iv.ts. 
A  large  number  of  nonstockholders,  owning  about  il.ooo  acre-  of  land,  take  water  at 
-tockholdcr.-'  rates  ;ts  In-fore  stated,  by  virtue  of  the  ])urcha>e  originally  of  their  land 
with  water  a*  an  appurtenance  thereto.  This  form  of  contract  ju-t  described  for 
water  is  not  satisfactory,  either  to  holders  of  water  right-  or  to  ordinary  irrigator-. 
The  former  comj>lain  of  their  obligation  to  jiay  *.">  |»T  acre  for  each  acre  which  they 
at  tir-t  contracted  to  irrigate,  whether  afterward-  they  wished  to  irrigate  it  or  not; 


IRRIGATION    KKOM    SAN    JOAQIIIN    KTVKK.  253 

and  also  that  the  nonstockholders  have  been  given  better  terms  than  they.  The  non- 
stockholders complain  of  ;i  continued  deficiency  in  the  water  supply. 

The  James  Canal  Company  lenses  much  of  its  land  to  farmers  who  divide  the 
water  among  themselves,  according  to  their  needs,  and  pay  for  the  use  of  the  land 
and  water  with  one-fourth  of  the  crop  which  they  produce.  The  water  sold  is  not 
measured  in  an\  way. 

The  form  of  contract  which  seems  most  satisfactory  to  irrigators  in  the  section 
of  the  State  visited  by  the  writer  is  the  one  which  stipulates  that,  upon  notice  being 
given  to  the  canal  company,  the  latter  will  furnish  the  required  amount  of  water 
upon  being  paid  therefor  at  so  much  per  acre.  Other  forms  of  contract  more 
stringent  in  their  exactions  on  the  part  of  the  canal  companies  are  decidedly  unpopu- 
lar, and  in  some  cases  have  the  effect  of  preventing  irrigation. 

METHODS  OF  IRRIGATING. 

The  lands  watered  by  means  of  the  canals  described  in  this  report  are  remarkably 
well  adapted  to  irrigation,  usually  being  quite  flat,  with  a  uniform  slope  of  6  to  10 
feet  to  the  mile  toward  the  bed  of  the  river.  From  the  main  canals  in  the  different 
systems  the  water  is  conducted  through  branches  and  laterals  to  small  irrigation 
ditches  upon  the  farm,  where  it  is  received  by  the  irrigators,  and  applied  to  the  lands 
under  their  direct  supervision. 

In  the  first  days  of  irrigation  in  this  region,  large,  high,  rectangular  check  levees 
were  used,  but  these  were  found  to  be  not  only  expensive  and  very  inconvenient  for 
the  passage  of  farm  vehicles  from  one  section  to  another,  but  also  to  require  much 
time  and  a  large  amount  of  water  to  fill  them.  More  recently  the  universal  practice 
is  to  use  low  contour  check  levees,  not  more  than  a  foot  to  eighteen  inches  in  height, 
and  from  10  to  20  feet  on  the  base,  enclosing  an  area  of  only  5  or  10  acres.  These 
tracts  are  quickly  and  easily  flooded.  The  levees  do  not  interfere  with  the  passage  of 
wagons  and  mowing  machines,  and  may  even  be  plowed  over  and  cultivated.  The  prac- 
tice  is  to  introduce  the  water  upon  the  highest  level,  flood  the  area,  keep  the  water 
moving  along,  and  when  a  sufficient  quantity  in  a  check  has  been  absorbed,  to  pass 
the  remaining  water  on  to  the  next  and  lowei  check.  It  is  believed  to  be  the  best 
practice  to  keep  the  water  flowing  down  and  not  'allow  it  to  stand  long  in  any  one 
area,  as  then  it  is  more  likely  to  bring  alkali  to  the  surface,  and  also  to  scald  the 
grain.  It  is  claimed  that  moving  the  water  tends  to  leach  the  alkali  from  the  soil. 

In  the  case  of  the  James  Canal,  the  method  of  irrigation  adopted  is  to  flood  with 
low  contour  checks,  and,  in  some  cases, When  wetting  pasture  fields  and  wild  grasses, 
to  flood  without  the  use  of  checks.  The  lands  in  this  locality  have  a  slight  and  uniform 
slope. 

The  Madera  Canal  and  Irrigation  Company  applies  water  by  the  same  method 
employed  in  the  cases  previously  mentioned — that  is,  by  means  of  low  contour  check 
levees  and  flooding  for  grain  and  alfalfa,  and  with  small  rectangular  checks  for 
orchards  and  vineyards,  with  occasionally  the  furrow  system  for  the  latter. 

The  Sierra  Vista  Vineyard  Company  applies  its  water  to  the  lands  by  flooding 
in  an  older  set  of  high  rectangular  check  levees,  and  also  in  a  later  set  of  low  small 
contour  checks,  this  latter  system  having  been  adopted  in  place  of  the  first,  upon 


254  IUKHIATION    IN\  1-1  I'.  \  I  H'N-     IN     i    \  1.1 1-  <  'KM  A. 

exten-ion  of  tin-   irrigation  ;uv;i.      'Pin-  -oil  i-  :i   light   sandy  loam,  quite   fertile  and 
favorable  tn  irrigation. 

In  oases  of  orchard-  and  vineyard-  planted  on  porous  soils,  lateral  absorption, 
or  furrow  irrigation,  is  often  practiced. 

DUTY  OF  WATER. 

Without  an  extended  >tudy  of  tin-  result*  of  irrigation  from  the  various  canals 
discussed  in  tlii>  report,  it  \\ould  ho  ini|>ossil>lo  to  give  an  adequate  tivatmoiit  of  the 
duty  of  water  in  the  district  c-o\  ered.  However,  hy  <1  rawing  upon  I  lie  experience  of 
irrigator.-  and  canal  owners.  1  was  enabled  to  ascertain  what  it  i>  considered  to  he  in 
.some  instance-. 

The  be-t  accessible  authorities  irjvo  tho  duty  <>t  water  on  most  of  the  canals 
under  consideration  to  In-  approximate!;  Itio  acres  to  the  cuhic  foot  per  second. 
This  would  apply  to  the  Ali-o  ( 'anal,  the  Chowchilla  Canal,  the  15I\  tli  canals,  and  the 
canals  owned  by  the  San  .loai|iiin  and  Kind's  Rivor  Canal  and  Irrigation  Companv . 
On  the  Maderu  Canal  and  Irrigation  Company's  .-anal  it  is  estimated  to  !M>  from  IIHI 
to  120  aoros  j>or  euliic  foot  per  second.  However,  the  loss  of  water  from  j>ercolation 
into  the  l>ed  of  the  river  and  into  the  distributing  ditche-  i>  very  larjro.  estimated  to 
beone-half  of  tho  whole  amount  taken  in.  Of  course,  if  this  lo-s  could  he  prevented. 
the  duty  would  he  yroatly  increased,  if  not  douhled.  The  laryo>t  duty  found  was  on 
the  land  under  the  private  canal  of  the  Sierra  Yi.-ta  N'ineyard  Company.  There  it 
was  roughly  estimated  hy  the  proprietor-  to  he  L'.'.H  acres  per  culiic  foot  |ier  second. 

ANSWERS   TO  A  CIRCULAR   LETTER    OF   INQUIRY  CONCERNING   IRRIGATION 

MATTERS. 

Duriny  the  progress  of  my  investiiration  of  irrriiration  alonjr  San  .loauuin 
River.  I  addre-sed  a  circular  letter  to  many  prominent  citi/ens  interested  in  irriga- 
tion, resident-  of  Fresno.  Madera.  and  adjacent  territory,  and.  amon<r  other  tliiiiLT'-. 
a-ked  ceilain  (|iiestions. 

To  these  questions  I  received  numerous  answer-,  many  oral  and  some  written.  I 
will  endeavor  to  jfivo  the  full  sense  of  these  replies: 

(1)  Is  the  present  method  of  adjudicating  water  rijrhl-  -al  i-t'actory  '.  If  not. 
what  method  should  replace  it;  It  wa-  j,rene  rally  admitted  that  the  present  method 
of  adjudicating  water  rights  through  the  courts  is  \ery  un.-ati>factory.  Hy  many,  a 
board  of  control,  or  a  commis>ion.  with  full  power.  \\a-  suggested. 

(~2)  How  has  the  doctrine  of  riparian  rights  influenced  the -uccess  of  irrigation 
in  this  Stated  And  do  you  sugge-t  any  modifications  of  this  doctrine;  The  unani- 
mous opinion  was  that  the  doctrine  of  riparian  rights  has  worked  great  hardship  to 
irrigation,  and  that  the  law  of  riparian  rights  should  lie  •'entirely  wiped  out." 
Some  suggested  that  the  ownership  of  water  -liould  he  ve-ted  in  the  State,  .ir  in  (lie 
National  (iovernment. 

(3)  I-  the  present  -y-tein  of  -tream  control,  or  lack  of  it.  and  of  dividing  tin- 
waters  among  the  several  claimant-,  satisfactory 8  If  not.  what  form  of  control 

-hoilld    he    -uli-titllteil    for  tile    pre-elit   one;       With  a    few   exceptions,   the  answer  was 

•'No,  it  i-  not  -ati-factory.  hut  very  unsatisfactory;"  and  a  s\-iem  of  control  similar 
to  that  in  the  State  of  Wyoming  wa-  -e\  eral  time-  suggested. 


IRRIGATION    FROM    SAN    JOAQUIN    RIVER.  255 

(•i)  Should  there  be  a  State  officer  to  be  known  as  State  engineer;  and  if  so, 
what  should  be  his  powers  and  duties?  Opinions  seemed  to  be  divided  on  this  ques- 
tion; the  majority,  however,  were  in  favor  of  such  an  officer,  who  should  have 
power,  under  properly  established  principles  of  law,  to  adjudicate  water  rights. 

(5)  Should  there  be  a  central  office  of  record  for  claims  or  appropriations  of 
water,  instead   of  the  separate  county  records,  as  at  present?     This  question  was 
answered  almost  without  exception  in  the  affirmative;  the  county  records,  however, 
to  be  maintained  as  at  present,  and  to  bo  made  complete  as  to  the  identitications  of 
locality,  quantity  of  water  appropriated,  its  actual  use,  etc. 

(6)  What  supervision  or  control  should  be  exercised  over  water  rights  which  yet 
remain  to  be  acquired?     The  opinion  was  that  few  water  rights  now  remain  to  be 
acquired;  but  that  wherever  they  exist,  they  should  be  held  by  the  State. 

(7)  As  to  what  should  lie  done  to  save  to  the  fullest  extent  and  to  use  the  most 
economically  and  efficiently  the  waters  at  present  running  to  waste,  and  particularly 
the  flood  waters,  there  was  unanimous  opinion  that  it  is  absolutely  essential  to  the 
prosperity  of  the  State  that  the  waste  and  flood  waters  shall  be  saved  by  storage, 
and  dealt  out  under  proper  control  as  needed.     As  to  who  should  control  this  system 
of  the  conservation  of  water,  the  State  or  the  nation,  or  the  two  combined,  there 
seems  to  be  no  doubt  that  there  should  be  such  control,  but  some  favored  the  State, 
some  the  nation,  and  some  cooperative  control  by  both. 

(8)  What  legislation  is  needed  to  define  rights  to  water  and  to  stored  water,  and  to 
determine  the  ownership  of  the  waters  thus  stored?     By  whom  should  these  laws  be 
enacted,  by  the  State  or  by  the  national  legislature?     Many  citizens  seemed  to  have 
very  positive  ideas  with  regard  to  needed  legislation,  and  particularly  as  to  the  abo- 
lition of  all  riparian  laws,  saying,  "That  should  be  the  first  thing  done;"  but,  as  to 
the  course  and  form  of  further  legislation,  either  their  ideas  were  not  fully  matured 
or  else  they  declined  to  give  them.     Many  did  not  favor  national  legislation  on  this 
subject. 

CONCLUSIONS. 

As  a  result  of  my  investigation  and  study  of  irrigation  problems  existing  in 
California,  and  particularly  as  I  have  found  them  in  the  valley  of  San  Joaquin  River, 
1  have  drawn  the  following  conclusions: 

METHODS  OF  FILING  AND  RECORDING  CLAIMS  TO  WATER. 

The  present  method  of  posting  notices  and  recording  appropriations  of  water, 
under  the  existing  State  law  previously  referred  to,  is  unsatisfactory  to  the  last  degree; 
in  practice  it  results  in  great  indetiniteness  as  to  the  amount  of  water  claimed  and 
uncertainty  as  to  the  locality  mentioned.  Ft  countenances  ignorance  of  water  laws 
and  water  engineering,  leads  to  obscurity  of  title,  and,  in  many  instances,  renders 
the  establishment  of  the  validity  and  priority  of  claims  almost  impossible. 

Ff  the  present  method  of  making  appropriations  of  water  is  to  be  retained,  it 
should  be  reformed  so  that  every  record  of  appropriation  of  water  shall  be  perfectly 
definite  and  accurate  as  to  location,  quantity  of  water  claimed,  date  of  appropriation, 
si/e  and  character  of  proposed  diversion  works,  and  place  of  use  of  the  water.  Also, 
reports  of  the  time  of  beginning  of  the  construction  of  works,  of  their  progress  and 
of  their  completion,  should  be  exacted. 


•_'"' I  >  IRRH. \THiN     1N\  K>TH,  \  TK'Ns     IN     i   A  I.I  KuUM  A. 

l'cri<xlical  reports  {jiving  an  account  o'f  the  use  of  the  water,  of  its  amount,  etc., 
should  !M%  required  to  In-  tiled  in  the  otlice  of  record,  so  tliat  any  person  may  at  any 
time  liy  consulting  the  records  ascertain  uny  essential  fact  relating  to  claim  and  us,.. 

ADJUDICATION  OF  WATER  RIGHTS. 

The  present  method  of  adjudicating  water  rights  in  this  State  is  very  un.-ati.-fac- 
tory.  As  a  matter  of  fact,  the  only  adjudication  which  may  lie  had  is  by  mean.-  of 
a  suit  in  the  court-.  Nearly  every  decision  of  the  superior  court  is  appealed  to  the 
supreme  court  of  the  State,  and  several  years  time  must  elapse  lie  fore  a  final  and 
conclusive  decision  is  obtained,  and  thousands  of  dollars  must  lie  expended.  Often 
no  new  principle  is  established  in  this  process,  simply  the  relative  rights  of  the 
contestants.  The  costs  of  such  litigation  have  often  lieen  enormous.  In  tuo  coun- 
ties alone  of  this  State  it  has  been  estimated  by  those  well  ijiialitied  to  judge  that 
from  $1,000,000  to  $2,000,000  have  been  expended  in  litigation  over  rights  to  \\ater. 
So  long  is  the  necessary  delay  in  the  overburdened  courts  and  so  hcavv  the  legal 
expense  that  many  a  claimant  with  limited  means  is  debarred  from  maintaining  his 
rights,  and  is  forced  to  abandon  their  adjudication.  Wealthy  claimants,  by  pro- 
longing contests  and  multiplying  cost-  are  sometimes  enabled  to  "beat  oil'"  tho.-e 
who  are  apparently  entitled  to  a  decision  in  their  favor. 

In  place  of  this  chaotic  condition  of  affairs,  the  writer  would  recommend  that  in 
so  far  as  the  constitution  of  the  State  will  permit,  legislation  should  be  had  to 
relieve  the  courts  of  this  great  burden  of  water  litigation  and  to  place  the  control  of 
the  streams  of  the  State  in  the  hands  of  an  administrative  board,  which  shall  have 
authority  to  adjudicate,  upon  well-established  principles  of  law.  all  water  claims. 
The  writer  deems  it  essential  that  the  decisions  of  this  board  of  control  shall  )ie 
tinal. 

INFLUENCE  OF  THE  DOCTRINE  OF  RIPARIAN  RIGHTS  ON  THE  SUCCESS  OF 

IRRIGATION. 

The  doctrine  of  riparian  rights,  as  existing  in  this  State,  has  exerted  a  most 
injurious  influence  on  irrigation  affairs.  It  has  been  the  prolific  source  of  litigation; 
has  greatly  interfered  with  and  even  debarred  irrigation  enterprises.  The  laws  of 
the  State  of  California  clearly  recogni/e  the  right  to  appropriate  water  from  streams 
and  lake-.  !(.,  i-  shown  by  the  sections  of  the  statutes  previously  quoted  And  in 
direct  opposition  of  interest  it  maintains,  under  the  common  law.  the  riparian  rights 
of  private  riparian  proprietors,  as  evidenced  \>\  many  consistent  decisions  of  its 
supreme  court. 

The  repeal  of  the  doctrine  of  riparian  rights,  as  construed  by  this  court,  affects 
and  relates  only  to  the  streams  and  lake-  wholly  within  the  public  lands  of  the  I'nited 
States  or  in  those  of  the  State.  The  riparian  rights  of  private  person.-  owning  land 
on  the  banks  of  streams  remain  as  they  were  before  the  pas.-age  of  the  repealing 
section  before  referred  to:  and  all  such  must  also,  in  the  future,  so  remain  during 
the  existence  of  our  present  laws  on  the  subject. 

It  seems  to  the  writer,  therefore,  that  the  riparian  doctrine  has  been  abolished  in 
this  State  in  so  f;l|-  ;l-  it  can  be  until  all  the  water  shall  be  again  the  property  of  the 
State  or  of  the  General  Government,  and  that  waters  on  a  -t  ream  can  be  appropriated 
for  use  in  irrigation  only  as  subject  to  the  riparian  rights,  if  ;lt  ;i||.  on  that  stream. 


IRRIGATION    FROM    SAN    JOAQUIN    KIVKR.  257 

STREAM    CONTROL. 

In  reality  there  is  :it  present  no  system  of  stream  control  in  the  State  of  Cali- 
fornia. Anyone  who  wishes  may  claim  all  the  water  of  a  stream  he  may  see  fit, 
and  may  proceed  to  take  out  as  much  as  he  likes  until  he  arouses  a  contest  with  some 
other  claimant,  when  immediately  his  case  goes  into  court,  to  remain  there  perhaps 
for  years.  It  can  hardly  be  denied  that  this  state  of  affairs  is  most  unsatisfactory. 
In  place  of  this  there  should  be  constituted  a  board  of  control,  of  the  highest  char- 
acter and  ability,  which  should  adjudicate  all  existing  claims  to  water,  and  have  the 
authority  to  carry  out  its  judgments.  All  water  not  covered  by  these  adjudications 
should  be  declared  to  belong  to  the  State,  and  should  be  controlled  and  divided  for 

use  by  this  board. 

STATE    ENGINEER. 

The  board  should  appoint  a  State  officer,  who  might  be  designated  as  State  engi- 
neer, of  the  highest  scientific  and  technical  ability,  whose  duty  should  consist  in 
carying  out  the  rulings  and  decisions  of  the  board  in  individual  cases,  such  as  decid- 
ing the  validity  of  particular  claims  to  water,  dividing  the  waters  of  streams  equably 
among  claimants,  etc. 

WHERE   CLAIMS   SHOULD   BE   RECORDED. 

If  the  records  of  appropriations  of  water,  under  the  law  therefor  and  as 
reformed  according  to  my  recommendation  previously  made,  should  be  maintained, 
there  should  be  not  only  the  record  in  the  office  of  the  county  recorder,  but  also  a 
duplicate  thereof  in  the  record  hook  in  a  central  office,  as  for  example  that  of  the 
surveyor-general  or  the  State  engineer,  for  the  convenience  of  the  general  public. 
In  this  way  any  person,  as  for  instance  a  newcomer  in  the  State,  could  find  the  exact 
status  of  any  claim  to  water  on  any  stream.  The  convenience  of  such  duplicate 
record  is  obvious. 

Such  appropriations  of  water  and  all  unappropriated  waters  of  the  State  should 
be  under  the  exclusive  control  of  the  administrative  board  previously  mentioned. 
Progress  reports  of  the  initiation,  prosecution,  and  progress  of  diversion  works  should 
be  regularly  made,  both  to  the  county  and  central  offices,  and  annual  or  semiannual 
reports  of  the  use  of  the  water  so  diverted  should  be  required.  A  lapse  of  a  certain 
interval  should  automatically  work  the  forfeiture  of  the  claim.  The  before-mentioned 
board  of  control  should,  under  the  law,  have  the  supervision  and  government  in  all 
matters  of  water  rights. 

CONSERVATION  AND  USE  OF  FLOOD  WATERS,  AND  LEGISLATION  THEREON. 

For  the  same  reason  that  the  National  Government  takes  control  of  its  rivers  and 
harbors  and  expends  revenues  in  improving  them  for  the  purpose  of  facilitating  navi- 
gation and  commerce — that  is,  to  benefit  the  country  as  a  whole  and  all  its  citizens — 
should  it  assist  and  encourage  the  irrigation  of  all  arid  and  semiarid  public  lands 
within  our  borders,  thereby  affording  homes  to  our  ever-growing  population,  and 
increasing  the  wealth  and  prosperity  of  the  nation;  and  stimulating  the  basic  indus- 
tries agriculture  and  horticulture — the  most  important  in  every  country.  To  this  end 
it  should  preserve  from  sale  or  preemption  all  available  sites  for  dams  and  storage 

23856-  -No.  100—01 17 


IKUH.ATH'N     1N\  I--I  Ic.A  I  H'N-     IN     r  A  I.I  I-  <  'UNI  A. 

reservoir-  -ituatcd  ii|><>ii  public  hinds,  and  which  may  be  utilized  t<>  irrigate  >uch 
land.-.  A-  far  a-  practicable  the  Hood  waters  of  llic  streams  in  arid  or  semiarid 
regions  should  U-  stored  mid  used  for  irrigation.  In  this  connection,  ample  protcc 
tion  should  be  extended  to  nil  forests  at  the  heads  of  streams  that  they  may  forever 
remain  tlie  sources  of  perennial  How,  equally  five  from  overwhelming  fre>hets  and 
-ea-on-  of  drought. 

The  National  <  iovei  ninent  should  also  introduce,  through  its  Agricultural  1  >epart 
incut,  the  most  advanced  and  improved  metliod-  of  irrigation,  leading  to  the  most 
skillful  use  of  water,  and  to  its  greatest  "duty."  and.  con-e(|iiently.  to  the  maximum 
productiveness  of  the  soil  of  vast  previously  arid  regions. 

In  cooperation  with  the  National  Government,  the  State  should  adopt  a  simple 
and  effective  law  to  govern  the  administration  and  use  of  all  its  waters,  and  the 
adjudication  of  all  rights  thereto  acquired. 

The  common  law  doctrine  of  riparian  rights  seems  to  sufficiently  protect  private 
riparian  owners  and  their  use  of  water  from  streams,  for  all  Ordinary  purposes,  U 
for  domestic  use.  milling,  etc..  with  the  exception  of  that  of  irrigation.  And  yd 
the  use  of  water  for  irrigation  in  the  arid  State-  and  Territories  is  the  most  important 
of  all.  But  irrigation  is  unknown  to  common  law.  and  legislation  in  this  State  i~ 
needed  to  encourage  and  protect  that  great  and  important  use  of  water.  The  aim  in 
this  legislation  should  be,  therefore,  to  t>enetit  as  largely  as  possible  the  agricultural 
population,  without  injuring  the  private  rights  of  any  riparian  proprietors. 

The  fundamental  idea  in  such  legislation,  in  ca-e  the  State  does  not  see  it>  wav 
to  the  acquisition  of  all  existing  titles  to  its  \\ater-.  is  in  the  writer's  opinion,  to 
determine  and  decide  authoritatively  what  quantity  of  water  each  riparian  owner 
and  irrigator  along  each  stream  is  justly  entitled  to  consume.  Apparently,  upon  an 
equitable  adjustment,  each  would  In1  entitled  to  take  the  excess  of  water  left  over  the 
just  amounts  In-longing  to  the  other  claimants. 

A  State  board  of  control,  having  a  State  engineer  of  its  own  appointment  for  its 
executive  officer,  should  make  such  equitable  adjustments,  considerinir  and  fairlv 
treating  the  claims  of  irrigators.  and  resi>ecting  the  natural  rights  of  riparian  and 
nonriparian  owners. 


306237 


c. 


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